Karnataka High Court
Shreyas Traders vs The State Of Karnataka on 28 June, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.8880/2022 C/W.
WRIT PETITION No.8865/2022,
WRIT PETITION.No.8875/2022 &
WRIT PETITION No.8878/2022 (GM-TEN)
IN WRIT PETITION.8880/2022:
BETWEEN:
KARNATAKA STATE CO-OPERATIVE
CONSUMERS FEDERATION LIMITED
# 4, PAMPAMAHAKAVI ROAD
CHAMARAJPET, BENGALURU-560018
REPRESENTED BY ITS MANAGER
K P GOVINDA NAYAKA
UNDER THE REGISTRATION OF
CO-OPERATIVE SOCIETIES ACT. ...PETITIONER
(BY SRI.P.N.PRASHANTH., ADV.)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF BACKWARD CLASSES
DEVELOPMENT, VIKAS SOUDHA
BENGALURU-560001
2. THE COMMISSIONER OF
DEPARTMENT OF BACKWARD CLASSES
VASANTH NAGAR, BANGALORE-560052
3. THE DEPUTY COMMISSIONER
ZILLA PANCHAYAT, BANGALORE NORTH
DEPARTMENT OF BACKWARD CLASS
AND WELFARE, O/O DEPUTY COMMISSIONER
PODIUM BLOCK, 1ST FLOOR
2
VISHVESHWARAIAH TOWER
BANGALORE-560001.
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED E-PROCUREMENT TENDER DOCUMENT BEARING
No.E-PROCUREMENT TENDER DOCUMENT DATED 28.01.2022
ISSUED BY THE RESPONDENT No.3 VIDE ANNEXURE-C FOR
BEING CAPRICIOUS BIASED AND ARBITRARY; AND ETC.,
IN WRIT PETITION.8865/2022:
BETWEEN:
SHREYAS TRADERS
REPRESENTE4D BY PROPRIETOR
SMT.SARVAMANGALA
No.22, 8TH CROSS,
RAI SINGH LAYOUT
HOSKOTE,
BANGALORE RURAL DISTRICT-562114. ...PETITIONER
(BY SRI.P.N.PRASHANTH., ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF BACKWARD CLASSES
DEVELOPMENT, VIKAS SOUDHA
BENGALURU-560001
2. THE COMMISSIONER OF
DEPARTMENT OF BACKWARD CLASSES
VASANTH NAGAR, BANGALORE-560052
3. THE DEPUTY COMMISSIONER
ZILLA PANCHAYAT, BANGALORE SOUTH TALUK
DEPARTMENT OF BACKWARD CLASS
AND WELFARE, O/O DEPUTY COMMISSIONER
PODIUM BLOCK, 1ST FLOOR
VISHVESHWARAIAH TOWER
BANGALORE-560001.
3
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED E-PROCUREMENT TENDER DOCUMENT BEARING
No.E-PROCUREMENT TENDER DOCUMENT DATED 28.01.2022
ISSUED BY THE RESPONDENT No.3 VIDE ANNEXURE-C FOR
BEING CAPRICIOUS BIASED AND ARBITRARY; AND ETC.,
IN WRIT PETITION.8875/2022:
BETWEEN:
SRI.SHIRDI SAI PROVISION STORES
#1056, NEAR MUNICIPAL COLLAGE
M.G. ROAD, CHIKKABALLAPUR-562101
REPRESENTED BY ITS PROPRIETOR
SRI.SRIRIMAL SANTHOSH. ...PETITIONER
(BY SRI.P.N.PRASHANTH., ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF BACKWARD CLASSES
DEVELOPMENT, VIKAS SOUDHA
BENGALURU-560001
2. THE COMMISSIONER OF
DEPARTMENT OF BACKWARD CLASSES
VASANTH NAGAR, BANGALORE-560052
3. THE DEPUTY COMMISSIONER
ZILLA PANCHAYAT, BANGALORE EAST TALUK
DEPARTMENT OF BACKWARD CLASS
AND WELFARE, O/O DEPUTY COMMISSIONER
PODIUM BLOCK, 1ST FLOOR
VISHVESHWARAIAH TOWER
BANGALORE-560001.
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA.)
4
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED E-PROCUREMENT TENDER DOCUMENT BEARING
No.E-PROCUREMENT TENDER DOCUMENT DATED 28.01.2022
ISSUED BY THE RESPONDENT No.3 VIDE ANNEXURE-C FOR
BEING CAPRICIOUS BIASED AND ARBITRARY; AND ETC.,
IN WRIT PETITION.8878/2022:
BETWEEN:
SHREYAS TRADERS
REPRESENTED BY PROPRIETOR
SMT.SARVAMANGALA
No.22, 8TH CROSS
RAISINGH LAYOUT, HOSKOTE
BANGALORE RURAL DISTRICT-562114. ...PETITIONER
(BY SRI.P.N.PRASHANTH., ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF BACKWARD CLASSES
DEVELOPMENT, VIKAS SOUDHA
BENGALURU-560001
2. THE COMMISSIONER OF
DEPARTMENT OF BACKWARD CLASSES
VASANTH NAGAR, BANGALORE-560052
3. THE DEPUTY COMMISSIONER
ZILLA PANCHAYAT, BANGALORE SOUTH TALUK
DEPARTMENT OF BACKWARD CLASS
AND WELFARE, O/O DEPUTY COMMISSIONER
PODIUM BLOCK, 1ST FLOOR
VISHVESHWARAIAH TOWER
BANGALORE-560001.
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
5
IMPUGNED E-PROCUREMENT TENDER DOCUMENT BEARING
No.E-PROCUREMENT TENDER DOCUMENT DATED 28.01.2022
ISSUED BY THE RESPONDENT No.3 VIDE ANNEXURE-C FOR
BEING CAPRICIOUS BIASED AND ARBITRARY; AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Petitioners in the above writ petitions are before this Court challenging the E-procurement tender document bearing No.»AªÀPÀE/¨ÉA£À/PÀªÉÄÃ/¹Dgï-10/2021-22 dated 28.01.2022 (Annexure-C) and for a writ of mandamus directing the third respondent to consider continuing of the work order issued to the petitioners for the present academic year 2022-23.
2. Heard the learned counsel Sri.P.N.Prashanth for petitioners and learned Additional Government Advocate Sri.M.Vinod Kumar for respondents. Perused the writ petition papers.
3. In all the above writ petitions, common relief is sought. As such, all the writ petitions are heard together and disposed of by this common order. 6
4. Learned counsel for the petitioners would submit that petitioners were successful tenderers for the supply of food articles to the Post Metric Hostels, in pursuance to the tender notification dated 10.09.2020. Petitioners were issued work order on 09.04.2021 for supply of food articles to the Post Metric Hostels. Tender was for a period of 12 months from 09.04.2021. Petitioners completed 12 months from the date of issuance of work order. It is the grievance of the petitioners that Post Metric Hostels were opened for students only from 26.07.2021 and as such from 01.04.2021 to 26.07.2021, petitioners could not execute the work order issued on 09.04.2021. Therefore, petitioners prayed for their contract period be extended by three more months. Further it is submitted that tender is awarded for a period of 12 months and 12 months period commenced from the date of opening of the hostel i.e., 26.07.2021. Therefore, petitioners submit that they are entitled to continue till 30.07.2022. 7
5. Learned Additional Government Advocate referring to the statement of objections would submit that Post Metric Hostels started from 26.07.2021 in terms of the circular dated 22.07.2021 at Annexure-R2. Therefore, he submits that petitioners started supply of food articles from 26.07.2021. Therefore, he submits that petitioners could continue till the end of July 2022. It is submitted that tenders invited for the present academic year under Annexure-C notification dated 28.01.2022 has lapsed and fresh steps would be taken to invite tender for supply of food articles for the academic year 2022-23. Thus, he prays for disposal of the writ petitions extending time to the petitioners till 30.07.2022.
6. Petitioners are the successful tenderers in pursuance to the tender notification dated 10.09.2020 at Annexure-A for supply of food articles to the Post Metric Hostels. The work order was issued to the petitioners on 09.04.2021. Tender period was for a period of 12 months from 09.04.2021. Due to COVID-19 8 pandemic, Post Metric Hostels were not functioning from April to 26.07.2021. In terms of Annexure-R2, circular dated 22.07.2021, the Post Metric Hostels started functioning from 26.07.2021. Therefore, petitioners started supplying food articles only from 26.07.2021. Petitioners were not able to execute work order between 09.04.2021 to 26.07.2021. Therefore, they would be entitled for extension of time by three months i.e., up to 31.07.2022.
7. This Court granted interim order on 26.04.2022 staying the operation of the fresh tender notification dated 28.01.2022 vide Annexure-C. By virtue of stay of fresh tender at Annexure-C, petitioners continued to supply food articles to the Post Metric Hostels.
8. Learned Additional Government Advocate on instructions submits that petitioners would be permitted to continue to supply food articles to Post Metric Hostels till 26.07.2021 or till fresh arrangement 9 is made for supply food articles by fresh tender notification.
9. Submission of the learned Additional Government Advocate is placed on record.
10. Petitioners have no right to claim extension either under contract or under any statute. It is only by equity. As the petitioners were not able to supply food articles from 09.04.2021 to 26.07.2021, I deem it appropriate to direct respondents to extend the contract period till 26.07.2021 or till new arrangement is made by issuing fresh tender, whichever is later.
With the above, writ petitions stand disposed of.
Sd/-
JUDGE NC.