Karnataka High Court
M/S. Muniyappa Enterprises vs The State Of Karnataka on 3 July, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NO.27399 OF 2019(GM-TEN)
Between:
M/s Muniyappa Enterprises,
BMR Complex,
Byrathi Kothanur,
Bengaluru-560 077,
Represented by its Proprietor
M.Venkataramu
S/o Muniyappa
... Petitioner
(By Sri. Jaya Kumar S. Patil, Senior Counsel for
Sri. Mohamad Tahir. A, Advocate)
And:
1. The State of Karnataka
Urban Development Authority,
Vikas Soudha,
Bengaluru-01
Represented by its
Principal Secretary.
2. The Commissioner,
Bruhat Bengaluru Mahanagara Palike,
N.R.Square, Bengaluru-02.
3. The Special Commissioner,
Bruhat Bengaluru Mahanagara Palike,
Solid Waste Management,
2
N.R.Square,
Bengaluru-02.
4. The Joint Commissioner,
Health and Solid Waste Management,
BBMP, N.K.Square,
Bengaluru-02.
5. The Executive Engineer-1,
Solid Waste Management,
3rd Floor, Annexe Building,
BBMP, N.K.Square,
Bengaluru-560 002.
6. M/s Timmaraya Swamy Enterprises,
No.112, Near Muneshwara Temple,
Kylasanahalli, Bengaluru-560 077.
Represented by its Proprietor,
K.M.Chandrashekar.
...Respondents
(By Sri. Vijay Kumar A.Patil, AGA for R1;
Sri. V.Srinidhi, Advocate for R2 to R5).
This Writ Petition is filed under Articles 226
and 227 of the Constitution of India, praying to
direct the respondent No.2 to 5 to finalize the
tender process by considering the annual turnover
statement of any two financial year i.e., 2015-2016,
2016-2017 and 2017-2018 of the bidders as per
appendix-V of the RFP at Annexure-A.
This Writ Petition coming on for Preliminary
Hearing, this day, the Court made the following:-
3
ORDER
Sri.Jayakumar S. Patil, learned Senior counsel for Sri.Mahamad Tahir. A, learned counsel for the petitioner.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent No.1 Sri.V.Srinidhi, learned counsel for respondent Nos.2 to 5.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondent No.6.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a writ in the nature of mandamus directing respondent Nos.2 to 5 to finalize the 4 tender process by considering the annual turnover statement of any two financial years i.e., 2015-16, 2016-17 and 2017-18 of the bidders as per Appendix-V of the RFP at Annexure-A.
4. When the matter was taken up today, learned Senior counsel for the petitioner submitted that the writ petition be disposed of with a direction to respondent Nos.2 to 5 to evaluate the bids submitted by the bidders including the petitioner as per the criteria fixed by respondent Nos.2 to 5.
5. The aforesaid prayer has not been opposed by learned counsel for respondent Nos.2 to 5, on the instruction of the officer of the BBMP - the Executive Engineer-I, Solid Waste Management, Bengaluru, who is the present before the Court.
6. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to respondent Nos.2 to 5 to 5 evaluate the bids of all the bidders including the petitioner by adhering to the criteria with regard to annual turnover statement of any two financial years i.e., 2015-16, 2016-17 and 2017-18 of the bidders as per Appendix-V of the RFP and finalize the tender process.
With the aforesaid directions, the writ petition is disposed of.
Sd/-
JUDGE dn/-