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Karnataka High Court

M/S Asha Jyothi Transport vs Union Of India on 12 February, 2019

Author: Alok Aradhe

Bench: Alok Aradhe

                             1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 12TH DAY OF FEBRUARY 2019

                         BEFORE

       THE HON'BLE MR. JUSTICE ALOK ARADHE

      WRIT PETITION NOs.62746-62750 OF 2016
                      AND
      WRIT PETITION NOs.62751-62754 OF 2016

BETWEEN:

1. M/s Asha Jyothi Transport,
   'Asha Jyothi Nilaya', Iddya Kalai,
   Suratkal-575 014.
   Represented by its Partner
   Sri Bernard D'Souza,
   Aged about 66 years.

2. M/s Bismilla Transport,
   Opposite to Roopavani Theatre
   Central Market, Shop No.93-A
   Mangaluru-575 007.
   Represented by its Proprietor
   M.Abdul Khader,
   Aged about 64 years.

3. M/s Muneera Transport,
   Opposite to Roopavani Theatre
   Central Market, Shop No.93-A
   Mangaluru-575 007,
   Represented by its Proprietor
   Mr.Mohammed Basheer,
   Aged about 43 years.

4. Surabi Enterprises
   C/o.Matha Prasad Nilaya
                            2



  Adyar Kannur
  Mangaluru-575 007.
  Represented by its Proprietor
  Kishore Kumar
  Aged about 43 years.

5. Surabi Enterprises
   C/o.Matha Prasad Nilaya
   Adyar Kannur
   Mangaluru-575 007.
   Represented by its Proprietor
   Sri Vinaya K,
   Aged about 40 years.

6. M/s Gurukripa Roadways,
   Ganada Padapu,
   Jodumarga (P.O.)
   Bantwal Taluk,
   South Canara.
   Represented by its Proprietor
   Sri B. Sanjeev Poojary,
   Aged about 51 years.

7. M/s Gurukripa Goods Carrier,
   Ganada Padapu,
   Jodumarga Post,
   Bantwal Taluk,
   South Canara.
   Represented by its Proprietor
   Smt.Malathi S. Poojary,
   Aged about 50 years.

8. M/s Prashanthi Road Lines,
   Prashanthi Kalpana,
   Kulashekar,
   Mangaluru - 575 008.
   Represented by its Proprietor
   Sri J.B. Lobo,
   Aged about 64 years.
                            3



9. M/s Chamundeshwari Transport,
   B.C.Road, Near MESCOM,
   Bantwal Taluk,
   D.K. District - 574 219.
   Represented by its Proprietor
   Sri Seenappa Moolya,
   Aged 50 years.
                                         ... Petitioners
(By Sri.Subba Reddy K.N, Advocate)(absent)

AND:

1. Union of India,
   Ministry of Petroleum & Natural Gas,
   Government of India,
   Shastry Bhavan,
   New Delhi - 110 001.
   Represented by its Secretary.

2. Chairman and Managing Director,
   Bharath Petroleum Corporation Limited,
   No.4 and 6, Currimbhoy Road,
   Ballard Estate,
   Mumbai - 400 001.

3. The General Manager,
   Bharath Petroleum Corporation Limited,
   LPG Head Quarters,
   No.4 and 6, Currimbhoy Road,
   Ballard Estate,
   Mumbai - 400 001.

4. The Regional LPG Manager South,
   Bharath Petroleum Corporation,
   No.1, Ranganathan Gardens,
   Off: 11th Main Road,
   Anna Nagar West,
   Chennai Taluka and District,
   Tamil Nadu - 600 040.
                             4



5. The Territory Manager,
   Bharath Petroleum Corporation Limited,
   LPG Bottling Plant,
   Baikampady Industrial Area,
   Baikampady,
   Mangaluru - 575 011.

6. M/s Velangini Andavar Transports,
   Represented by its Proprietor

  R/at C/o Bharath Petroleum
  Corporation Limited,
  LPG Bottling Plant,
  Baikampady Industrial Area,
  Baikampady,
  Mangaluru - 575 011.

7. Centhil Andavar Transports
   Represented by its Proprietor,

  R/at C/o Bharath Petroleum
  Corporation Limited,
  LPG Bottling Plant,
  Baikampady Industrial Area,
  Baikampady,
  Mangaluru - 575 011.

8. The Tender Negotiation Committee,
   Represented by Regional LPF Manager South,
   Bharath Petroleum Corporation,
   No.1, Ranganathan Gardens,
   Off: 11th Main Road,
   Anna Nagar West,
   Chennai Taluka and District,
   Tamil Nadu - 600 040.
                                        ... Respondents
(By Sri.B.V.Prakash Angadi, CGC for R-1-Absent;
  Sri.Aruna Shyam, Advocate for R2 to R5 & 8-Absent;
  R6 and R7 served and unrepresented)
                                  5



     These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India, praying to quash
the proceeding/meeting/record note of the tender
negotiation  committee     dated      15.03.2016   vide
Annexure-B in the tender notification and etc.

       These Petitions coming on for Preliminary Hearing
in 'B' Group, this day, the Court made the following:-

                              ORDER

None for the parties.

In these writ petitions, the petitioners inter-alia have prayed for the following reliefs:

"I. Issue Writ in the nature of Certiorari or any writ or order quashing the proceeding/meeting/record note of the tender negotiation committee dated 15.03.2016 vide Annexure B in the tender notification BPCL/LPG/PKD/SR/2015- 16/04/MANGALORE.
II. Issue any other writ or order/s as this Hon'ble Court deems fit to grant under the facts and circumstance of the case."

2. These writ petitions are pending before this Court since 2016 in which no interim order has been 6 passed. By now, the proceedings initiated pursuant to the tender notification issued in the year 2016 may have been completed. Therefore, nothing survives for adjudication in these writ petitions.

Accordingly, the same is disposed of.

Sd/-

JUDGE dn/-