M/S.Archana Saradana Scuba Diving ... vs The State Of Karnataka on 24 January, 2020

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Karnataka High Court

M/S.Archana Saradana Scuba Diving ... vs The State Of Karnataka on 24 January, 2020

Bench: S.G. Pandit

       IN THE HIGH COURT OF KARNATAKA,
                DHARWAD BENCH

        Dated this the 24th day of January 2020

                          Before

      THE HON'BLE MR.JUSTICE S.G. PANDIT

      Writ Petition No.121757 OF 2020 (GM-TEN)

BETWEEN

M/S.ARCHANA SARADANA SCUBA
DIVING ACADEMY, NO.1901
TOWER-4, UNITECH HEIGHTS
SECTOR CHI-3 GREATER NOIDA
UTTAR PRADESH
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
SHRI AMITABH GOUTAM
S/O.Y.D.SHARMA
AGE:51 YEARS, OCC:BUSINESS
R/O.C-303, MAGPAE APARTMENTS
CALANGUTE, GOA-403516.
                                      ... PETITIONER

(BY SRI A.S.PATIL, ADV)

AND

1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO THE DEPT. OF TOURISM
VIDHANA SOUDHA
BENGALURU-560 001.

2. THE DEPUTY COMMISSIONER/CHAIRMAN
OF UTTARA KANNADA DISTRICT TOURISH
PLACES DEVELOIPMENT AND CONSERVATION
COMMITTEE ®, OFFICE OF THE
                                 2



DEPUTY COMMISSIONER
UTTARA KANNADA DISTRICT
KARWAR-581301.
                                       .... RESPONDENTS

(By SMT VEENA HEGDE, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER ODERS OR
DIRECTION, QUASHING THE IMPUGNED NOTIFICATION
BEARING NO.COMMITTEE/SCUBA/TENDER/CR-19-20 DATED
14.01.2020 ISSUED BY THE RESPONDENT NO.2 AS PER
ANNEXURE-D AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the notification bearing No.COMMITTEE/SCUBA/TENDER/CR-19-20 dated 14.01.2020 issue by Respondent No.2 inviting tender from eligible tenderers for providing service of scuba diving in Netrani Island situated at Murudeshwara in Bhatkal Taluk.

2. The petitioner contends that the second respondent/Tender Inviting Authority has violated Rule 17 of the Karnataka Transparency in Public Procurements 3 Rules, 2000 (hereinafter referred to as 'the Rules' for short). In that, respondent/Tender Inviting Authority has not provided 30 days time for submission of tenders. Considering the said submission, notice of the writ petition was issued to the respondents. Learned Additional Government Advocate had taken notice on behalf of respondents No.1 and 2.

3. Learned Additional Government Advocate, on instructions from the respondents would submit that 30 days time as required under Rule 17 of the Rules is not provided and no approval from the higher authorities is also obtained for reduction of time for submission of tenders.

4. Annexure-D/Tender Notification is dated 14.01.2020. Tenders are invited from eligible tenderers under two cover system for selection of 5 operators Providing Services of Scuba Diving at Netrani situated at Murudeshwar in Bhatkal Taluk, Uttara Kannada District. Last date for submission of tender document on 4 e-procurement portal is on 27.01.2020 and date of Technical Bid opening on 28.01.2020 by 17.00 p.m. in the Deputy Commissioner Office Uttar Kannada, Karwar.

5. Rule 17 of the Rules reads as follows:

"17. Minimum time for submission of tenders:- (1) The Tender Inviting Authority shall ensure that adequate time is provided for the submission of tenders and a minimum time is allowed between date of publication of the Notice Inviting Tenders in the relevant Tender Bulletin or uploading in e-procurement Portal whichever is later and the last date for submission of tenders. This minimum period shall be as follows:-

(a) for tenders upto rupees two crores in value, thirty days and

(b) for tenders in excess of rupees two crores in value, sixty days;

(2) Any reduction in the time stipulated under sub-rule (1) has to be specifically authorized by an authority superior to the Tender Inviting Authority for reasons to be recorded in writing."

According to the above Rule, if the amount put to tender is less than rupees two crores, the Tender Inviting Authority shall provide 30 days time for submission of tenders. The 5 present tender would not show the amount. However, whether it is below rupees two crores or above rupees two crores, minimum time to be provided is 30 days for submission of tenders. Clause (2) of Rule 17 provides for reduction of time on obtaining approval from Superior authority to the Tender Inviting Authority for reasons to be recorded in writing.

6. Learned Additional Government Advocate fairly submitted that no such approval for reduction of time for submitting tender has been taken before issuing tender notification dated 14.01.2020. The last date for submission of tenders on e-procurement Portal is on 27.01.2020, if the time is calculated from the date of notification i.e., 14.01.2020, it would not even provide for 15 days time. The above tender notification is opposed to Rule 17(1)(a) of the Rules.

7. Accordingly, the writ petition is allowed. Annexure-D Notification bearing No.Committee/Scuba/Tender/CR-19- 6 20 dated 14.01.2020 is quashed, with liberty to initiate fresh tender process in accordance with the Act and Rules.

All contentions of the petitioner are left open.

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