Karnataka High Court
Mahendra Labs Private Limited vs Karnataka State Medical Supplies ... on 20 October, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 15598 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 15598 OF 2022 (GM-TEN)
BETWEEN:
1. MAHENDRA LABS PRIVATE LIMITED,
(A PRIVATE LIMITED COMPANY INCORPORATED
UNDER THE COMPANIES ACT,1956).
NO.371 AND 372, 10th CROSS,
4th PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS DIRECTOR,
MR. MADANRAJ NAHAR.
...PETITIONER
(BY SRI. REUBAN JACOB, SENIOR ADVOCATE FOR
SRI.PIYUSH KUMAR JAIN. D., ADVOCATE)
AND:
Digitally signed by 1. KARNATAKA STATE MEDICAL SUPPLIES
PADMAVATHI B K CORPORATION LIMITED,
Location: HIGH
COURT OF NO.1, DR. SIDDAIAHPURANIK ROAD,
KARNATAKA MAGADI ROAD, KHB COLONY,
BENGALURU - 560 079.
REPRESENTED BY ITS
MANAGING DIRECTOR.
A KARNATAKA STATE GOVERNMENT COMPANY
REGISTERED UNDER THE
COMPANIES ACT, 2013.
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WP No. 15598 of 2022
2. THE STATE OF KARNATAKA,
DEPARTMENT OF FINANCE,
VIKASA SOUDHA ,
BENGALURU - 560 001.
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY,
3. THE STATE OF KARNATAKA,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
VIKASA SOUDHA,
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO
EXTEND THE BENEFIT OF 15 PERCENT PRICE PREFERENCE TO
THE PETITIONER IN TERMS OF THE GOVERNMENT ORDER
BEARING NO.CI 199 SPI 2018, BENGALURU, DATED
13.08.2020 VIDE ANNEXURES - B IN RESPECT OF THE
PETITIONERS BID FOR PARACETAMOL TABLETS 500 MG (ITEM
CODE - 1.3.19) SUBMITTED IN RESPONSE TO TENDER
NOTIFICATION BEARING NO. HFW/ KSMSCL/ TND/ DRUGS/
TABLETS/01/2022-23 (IND-947) DATED 16.05.2022 VIDE
ANNEXURE - A TO THE WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 15598 of 2022
ORDER
Heard Sri. Reuben Jacob, learned Senior Counsel for Sri.Piyush Kumar Jain for the petitioner and Sri. M. Vinod Kumar, learned AGA for the respondents.
2. The petition is filed for issuance of a writ in nature of mandamus directing the 1st respondent to extend the benefit of 15% price preference to the petitioner in terms of the Government Order bearing No.CI-199-SPI-2018, Bengaluru, dated 13.08.2020 vide Annexure-B.
3. Learned Senior Counsel appearing for the petitioner would submit that the Rules i.e., Rule 25 of the Karnataka Transparency in Public Procurement Rules, 2000 has since been amended and the amendment reads as follows:
"1. Title and Commencement.- (1) These rules may be called Karnataka Transparency in Public Procurements (Amendment) Rules, 2022.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Amendment of rule 25.- In the Karnataka Transparency in Public Procurements Rules, 2000 (herein after referred to as the said rules) in rule 25, in sub-rule -4- WP No. 15598 of 2022 (2), in clause (e) for the first proviso, the following shall be substituted, namely:-
"Provided that Goods manufactured by Micro and Small Enterprise located in the State shall be given fifteen percent price preference against the large and Medium Industries of the State and Industries of other States during Government Departments purchases, up to 31.08.2025, subject to the following conditions, namely:-
1. An enterprise shall be registered with the Ministry of Micro, Small and Medium Enterprises, Government of India on Udyam Registration portal as a Micro or Small Enterprise under Micro, Small and Medium Enterprises Development Act, 2006 (Central Act 27 of 2006); and
2. An enterprise shall produce a certificate obtained from Udyam Registration Portal as a Micro or Small Enterprise."
3. Amendment of rule 27.- In rule 27 of the said rules, in sub-rule (2), in the proviso, for the words "Directorate of Information Technology, Government of Karnataka" the words "Department of Personnel and Administrative Reforms (e-Governance), Government of Karnataka" shall be substituted."
In the light of the amendment so made to the Rule 25, price preference as sought for by the petitioner will have to be granted in terms of the aforesaid Rule. -5- WP No. 15598 of 2022
4. The grievance of the petitioner would not survive for consideration as Rule itself is amended and would be entitled to a price preference in the subject tender.
5. For the aforesaid reasons, the petition is disposed as having become unnecessary for any consideration at this juncture.
6. In the light of the Rules so amended, it is needless to observe that the respondent would adhere to the Rules and grant such price preference.
Ordered accordingly.
Sd/-
JUDGE JS List No.: 1 Sl No.: 30