Karnataka High Court
Sri Krishna Traders vs State Of Karnataka on 12 June, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12th DAY OF JUNE, 2018
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION No.9056 OF 2018 (GM-RES)
BETWEEN:
Sri. Krishna Traders,
#2, 1st Cross, Seethaiah Building,
Gajaladinne Main Road, 2nd Stage,
BEML Layout, Kolar-563101.
Represented by its
Proprietor-Sri. Sudhakar. ...Petitioner
(By Sri. H.S.Santhosh.-Advocate)
AND:
1. State of Karnataka,
Represented by
Additional Chief Secretary,
Social Welfare Department,
Banglaore-560001.
2. The Deputy Commissioner,
Kolar District, Kolar-563101.
3. Joint Director,
Social Welfare Department,
Kolar Taluk,
Kolar District-563101.
4. Deputy Director,
Department of Backward Classes,
2
Near Railway Station,
Kolar Taluk,
Kolar District -563101.
5. Executive Director,
Karnataka Residential Education
Institutions Association,
Bangalore-560001. ...Respondents
(By Sri. V.Sreenidhi-AGA for R1-4,
Sri. Nagaiah Advocate for R5 )
This Writ Petition is filed under Articles 226 and
227 of Constitution of India, praying to quash the
impugned order dated 19.01.2018 passed by the 2nd
respondent vide Annexure-K and etc.
This petition is coming on for 'orders' this day, the
Court made the following:
ORDER
Though matter is listed for orders, by consent of learned counsel appearing for both the parties, it is taken up for final disposal.
2. Petitioner is a contractor and supplier of food commodities to various institutions in the State of Karnataka. By the impugned order dated 17.01.2018, petitioner has been black listed on the ground of 3
(i) non supply of food grains on timely basis to the colleges and schools pursuant to the work orders issued; (ii) failure to adhere to the time schedule; and
(iii) goods supplied is not of quality as agreed to and as indicated in the tender documents/work order.
3. A perusal of the impugned order dated 18.01.2018-Annexure-K would clearly disclose that based on certain complaints received, the petitioner has been black listed by respondent No.2 from the list of tenderers in the District of Kolar. Undisputedly, said order has been passed without issuing any notice to the petitioner and said action of respondent No.2 is against principles of natural justice. Therefore, petitioner is entitled to the relief as sought for. However, quashing of the impugned order would not come in the way of respondent No.2 initiating proceeding afresh against petitioner and passing orders thereon in accordance with Law.
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4. For the reasons afore stated, I proceed to pass the following:
ORDER
(i) Writ Petition is hereby allowed.
(ii) Order dated 17.01.2018-Annexure 'K' produced by 2nd respondent is hereby quashed.
(iii) Respondent No.2 is reserved liberty to pass orders afresh after issuing the notice to petitioner. Said exercise shall be undertaken by 2nd respondent expeditiously, at any rate within two weeks from the date of receipt of certified copy of this order and said proceedings shall be concluded within two weeks thereafter.
SD/-
JUDGE JS