Karnataka High Court
Southern Transport And vs The State Of Karnataka on 4 August, 2014
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NOS.37151-37160/2014 &
W.P.NOS.37162-195/2014, 37197-37206/2014
& 37208-209/2014 (GM-TEN)
BETWEEN:
1. SOUTHERN TRANSPORT AND
SUPPLIERS CORPORATION, PROPRIETOR
S. AMEER JAN, S/O ABDUL SATTAR,
AGED ABOUT 68 YEARS,
R/AT NO.1664/11,
KANTHARAJ URS ROAD, LAXMIPURAM,
MYSORE DISTRICT.
2. CENTRAL ROAD LINES
PROPRIETOR S. TAJUDDIN PASHA,
S/O ABDUL SATTAR,
AGED ABOUT 55 YEARS,
"SOUTHERN MANSION"
BASAVESWARA ROAD, K.R MOHALLA,
T.N. PURA TALUK,
MYSORE DISTRICT.
3. PAVITHRA TRANSPORT
PROPRIETOR H C ANAND,
AGED ABOUT 50 YEARS,
S/O LATE B T CHIKKANNA,
8TH CROSS, SARASWATHIPURAM,
K R NAGAR TALUK,
HASSAN DISTRICT.
4. S. MOINUDDIN PASHA
S/O LATE ABDUL SATTAR,
2
AGED ABOUT 37 YEARS,
NO.2244, 5TH CROSS,
BASAVESWARA ROAD, MYSORE TALUK,
MYSORE DISTRICT.
5. SRI LAXMI TRANSPORT
PROPRIETOR M. JAGANNATHA,
S/O MYLARAPPA,
AGED ABOUT 49 YEARS,
LAXMI SADANA COMPLEX,
DURGI GUDI, SHIMOGA TALUK,
SHIMOGA DISTRICT.
6. B.S. TRANSPORT
PROPRIETOR B. PARASHURAMA,
S/O BASAVANNEPPA,
AGED ABOUT 43 YEARS,
HOSPETE BADAVANE, SORABA TALUK
SHIMOGA DISTRICT.
7. BKS TRANSPORT
PROPRIETOR FAIROZ KHAN
S/O BASHA KHAN,
AGED ABOUT 36 YEARS,
MADANIPALYA, BHADRAVATHI TALUK
SHIMOGA DISTRICT.
8. SRI LAXMI VENKATESWARA TRANSPORT
C.MUNIRAJ, S/O CHIKKANNA,
AGED ABOUT 68 YEARS,
MYLARESWARA COMPLEX,
HOSANAGAR TALUK,
SHIMOGA DISTRICT.
9. SRI VENKATALAKSHMI TRANSPORT
PROPRIETOR, ASHWATH NARAYANA C.,
S/O LATE M.CHIKKANNA,
AGED ABOUT 55 YEARS,
NAGARA, SAGAR TALUK,
SHIMOGA DISTRICT.
10. B.S. MANJUNATHA TRANSPORT
PROPRIETOR, B.S.KUMAR,
3
S/O BASAPPA, AGE: 40 YEARS,
RAMAKRISHNA COMPLEX,
DURGI GUDI, THIRTHAHALLI TALUK
SHIMOGA DISTRICT.
11. SRI LAXMI TRANSPORT
PROPRIETOR, M. JAGANATHA,
S/O MYLARAPPA, AGED ABOUT 40 YEARS,
LAXMI SADANA COMPLEX,
DURGI GUDI, SHIKARIMPURA TALUK
SHIMOGA DISTRICT.
PETITIONER NO.11 DELETED VIDE COURT
ORDER DATED 2.8.2014.
12. SHREE VARASIDDI VINAYAKA ENTERPRISES
PROPRIETOR, P.NAGARAJU,
S/O LATE M C PUTTAWAMI GOWDA,
AGED ABOUT 52 YEARS,
SRI ANNAPOORNESHWARI NILAYA,
SHIVAPURA HOSA BADAVANE,
MADDURU R.S -571 428
MANDYA DISTRICT.
13. SHREE SOMESHWARA TRANSPORT
OPP: GOVT. HOSPITAL
OLD M C ROAD, MADDURU TALUK,
MANDYA DISTRICT
REPRESENTED BY JAYAPPA S
S/O LATE SEVANAYAKA,
AGED ABOUT 42 YEARS,
SHREE CHOWDESWARI NILAYA,
VASAVI NAGAR,
BEHIND K.S.E.F. B.Ed.COLLEGE, SHIRAGATE,
TUMKUR.
14. K.P. TRANSPORT
PARTNER, K PAMPAPATHI PATEL,
AGED ABOUT 58 YEARS,
AMAR BUILDING, R G ROAD,
GANGAVATHI-583 227
KOPPAL DISTRICT.
4
15. K. AMARESH PATIL
S/O BASANAGOWDA,
AGED ABOUT 42 YEARS,
HOUSE NO.10, OPP:MATHA LODGE,
GANGAVATHI TALUK,
KOPPAL DISTRICT.
16. SURESH ISHWARAPPA HANGAL
AGED ABOUT 60 YEARS,
OPP:OLD ZILLA PANCHAYATH OFFICE,
KOPPAL TALUK,
KOPPAL DISTRICT.
17. K. VENKATESH, S/O LAXMAIAH,
AGED ABOUT 52 YEARS,
TRANSPORT CONTRACTOR (GOVT)
H.NO.7-6-61/1A, VASAVI NAGAR,
RAICHUR-584 101.
18. K. AMAREGOWDA & CO.,
H & T CONTRACTOR, RAJENDRA GANJ,
DEVADURGA TALUK,
RAICHUR DISTRICT
REPRESENTED BY PARTNER
SHIVAKUMAR PATIL,
S/O BHIMANAGOWDA,
AGED ABOUT 45 YEARS.
19. SRI VEERABHADRESWARA ROAD LINES (R)
A.M.C.MARKET YARD,
MANVI-584123
RAICHUR DISTRICT
REPRESENTED BY VEERABHADRAPPA ALDAL,
S/O BASAVANNEGOWDA,
AGED ABOUT 45 YEARS.
20. G. GUNNESWARA RAO
S/O G NARASAIAH, AGE: 47 YEARS,
TRANSPORT CONTRACTOR,
R/O SIRPURAM JUNCTION TALUK,
SINDHANURU-584 128
RAICHUR DISTRICT.
5
21. THIPPESWAMY R. MIRAJKAR
AGE: 50 YEARS,
TRANSPORT CONTRACTOR,
YALAKKI ONI, HAVERI-581 110
HAVERI DISTRICT.
22. MAHANTESH C HERUR
S/O CHANNABASAPPA HERUR,
AGED ABOUT 37 YEARS,
TRANSPORT CONTRACTOR,
YALAKKI ONI, HAVERI-581 110
HAVERI DISTRICT.
23. RACHAPPA S. MANNANGI
S/O SHIVARUDRAPPA MANNANGI,
AGED ABOUT 77 YEARS,
TRANSPORT CONTRACTOR,
GUTTAL - 5811108
HAVERI TALUK & DISTRICT.
24. SHRI DANESHWARI ROADLINES
TRANSPORT CONTRACTOR,
VISHWANATH MANNAGI,
AGE: 48 YEARS,
RANEBENNUR ROAD, BUS STAND CIRCLE,
GUTTAL-5811108
HAVERI TALUK & DISTRICT.
25. RAVI A. PATTANASHETTY
AGED ABOUT 40 YEARS,
S/O ANANDAPPA PATTANASHETTY,
TENGINAKAI BAZAR, BETAGERI
GADAG DISTRICT.
26. C N NAYAK
S/O CHANDRAKANTH N. NAYAK,
AGED ABOUT 64 YEARS,
TRANSPORT CONTRACTOR,
NO.68, ADARSH NAGAR, HUBLI,
DHARWAD.
6
27. S R JADHAV, S/O S R JADHAV,
AGED ABOUT 53 YEARS,
VIJAYA ROAD,
DHARWAD DISTRICT.
28. S A PATTANASHETTY
S/O S ANDANAPPA PATTANASHETTY,
AGED ABOUT 46 YEARS,
TENGINAKAI BAZAR, BETGERI,
GADAG DISTRICT.
29. SRI MATESHWARI TRANSPORT CO.,
TRANSPORT CONTRACTOR,
PROPRIETOR, ANIL AGARWAL
S/O GANAPATHLAL,
AGED ABOUT 42 YEARS,
KESHAV NAGAR, BIJAPUR ROAD,
BASAVANABAGEWADI-586 203.
30. MITTAL ENTERPRISES
TRANSPORT CONTRACTOR,
PROPRIETOR, HARISH AGARWAL,
S/O NEMICHAND,
AGED ABOUT 50 YEARS,
TELAGI ROAD,
BASAVANABAGEWADI.
31. SUNIL ASHOK KOTI
AGED ABOUT 35 YEARS,
GANAPATHI CHOWK,
SHAPATE MAIN ROAD,
BIJAPURA-586 101.
32. M/s. S G TRANSPORT
PROPRIETOR, GIRISH AGARWAL,
S/O LOKANATH,
AGED ABOUT 36 YEARS,
R/AT MAIN ROAD,
BASAVANABAGEWADI-586203.
33. ARAVINDA TRANSPORT
PROPRIETOR, HARISH AGARWAL,
S/O NEMICHAND,
7
AGED ABOUT 50 YEARS,
TELGI ROAD,
BASAVANABAGEWADI-586 203
BIJAPURA DISTRICT.
34. H. VIRUPAKSHAPPA
S/O BASAVANAGOUDA,
TRANSPORT CONTRACTOR,
AGED ABOUT 62 YEARS,
R/AT MASKI, LINGASUGURU-TALUK,
RAICHUR DISTRICT.
35. SAGAR TRANSPORT
PROPRIETOR, SRI LAXMANA S KAMATE,
S/O SATTEPPA R KAMATE,
AGED ABOUT 57 YEARS,
SHASTRI NAGAR,VTH CROSS,
BELAGAUM.
36. SHRI GANESH TRANSPORT
PROPRIETOR,
SRI CHENDRAPPA S. SHAMARAYANAVARU,
S/O SANKAPPA B. SHAMARAYANAVARU,
AGED ABOUT 45 YEARS,
BEVIRIKATTI ONI, SOUDATTI TALUK
BELGAUM DISTRICT.
37. MANAGER
TAPCMS LTD., NIPPANI,
REPRESENTED BY
SRI ANIL GANGADHARA VASANT CHOUGLA
C/O VASANT S CHOUGALE,
AGED ABOUT 52 YEARS,
CHIKKODI TALUK,
BELGAUM DISTRICT.
38. M/s. PARVATHI ROAD LINES
PROPRIETOR, G. VIJAYA BHASKAR REDDY,
AGED ABOUT 37 YEARS,
BELLARY,
BELLARY DISTRICT.
8
39. PATEL TRANSPORT CO.,
REPRESENTED BY ITS MANAGING PARTNER
SOMASHEKAR, S/O ANNEPPA PATEL,
AGED ABOUT 48 YEARS,
9-4-58, SRI SIDDESHWARA SADANA
SRI SAI COLONY, GANDHI GUNJ ROAD
BIDAR, BIDAR DISTRICT.
40. MANOJA TRANSPORT CONTRACTOR
PROPRIETOR, SRI PRADEEP,
S/O NATHAMALA KALANTRI,
AGED ABOUT 34 YEARS,
PLOT NO.2, MAHATMA GANDHI LORRY STOP,
NEAR-ALANDA CHECK POST, RING ROAD,
GULBARGA DISTRICT.
41. SRI RAVEENDRA REDDY
AGE: 41 YEARS, S/O ERANNA KODLA,
TRANSPORT CONTRACTOR,
GULBARGA DISTRICT.
42. SHARIFF AHAMMED
AGE: 42 YEARS,
S/O SHARIFF AHAMMED,
LORRY OWNER AND TRANSPORT CONTRACTOR,
14-1-55 MAIN ROAD,THIMMAPURA,
SURAPURA TALUK,
YADAGIR DISTRICT.
43. KIRAN TRANSPORTS/MANDI PETE
TUMUR-572101
REPRESENTED BY R. KIRAN,
S/O LATE SRI RAJKUMAR,
AGED ABOUT 41 YEARS,
PROPRIETOR.
44. SIDRAMESHWAR ROAD LINES
R/P BY SRI KALYANI,
S/O MALLESHAPPA BIRADAR,
LORRY TRANSPORT CONTRACTOR,
AGED ABOUT 52 YEARS,
PLOT NO.1, MAHATMA GANDHI LORRY STOP,
9
NEAR-ALANDA CHECK POST, RING ROAD
GULBARGA DISTRICT.
45. M/s. GADA TRANSPORTS
PROPRIETOR,
BASAVARAJA S/O BAKKAIAH RASURA,
AGED ABOUT 46 YEARS,
RAPOOJI COMPLEX,
NEAR-T.V.STATION,
KAPANUR ROAD,
GULBARGA.
46. M/s. MANOJ TRANSPORT CONTRACTOR
SRI PRADEEP
S/O NATHAMALA KALANTRI,
AGED ABOUT 34 YEARS,
PLOT NO.2, MAHATMA GANDHI LORRY SHOP,
NEAR-ALANDA CHECK POST, RING ROAD,
GULBARGA DISTRICT.
PETITIONER NO.46 DELETED VIDE COURT
ORDER DATED 02.08.2014.
47. PEER PASHA, S/O ABDUL MAJEED,
AGED ABOUT 60 YEARS,
TRANSPORT CONTRACTOR,
C/O KHALIF AHAMMED TALIKOTE,
RANGANAPETA, SURAPURA,
ALANDA TALUK.
48. SRI RAGHAVENDRA SWAMY TRANSPORTS
PROPRIETOR, N. RAVINDRANATH,
S/O N GOVINDAPPA,
AGED ABOUT 53 YEARS,
PANNARAJA BUILDING, FORT,
BELLARY.
49. RAMESH ROAD LINES
PROPRIETOR, K. THIMMAPPA,
S/O K RAMAPPA,
AGED ABOUT 60 YEARS,
REPUBLIC CIRCLE,
10
SIRUGUPPA ROAD,
BELLARY.
50. SRI VINAYAKA TRANSPORTS
REPRESENTED BY ITS MANAGER
P. NAGARAJU,
S/O LATE M.C. PUTTASWAMYGOWDA,
AGED ABOUT 52 YEARS,
R/AT ANNAPOORNESWARI NILAYA,
SHIVAPURA NEW LAYOUT,
MADDURU R.S. -571 428
MANDYA DISTRICT.
51. SRI SOMESWARA TRANSPORTS
REPRESENTED BY ITS MANAGER
P. NAGARAJU,
S/O LATE M C PUTTASWAMYGOWDA,
AGED ABOUT 52 YEARS,
R/AT ANNAPOORNESWARI NILAYA,
SHIVAPURA NEW LAYOUT,
MADDURU R.S-571 428
MANDYA DISTRICT.
52. SRI CHANNABASAVESHWARA SWAMY
LORRY SERVICE,
R/P BY ITS PROPERITOR B.P.MAHESH,
AGED 52 YEARS, R/AT NO.810,
14TH MAIN, 13TH CROSS,
A SECTOR, NEW TOWN,YELAHANKS,
BANGALORE-64.
53. SRI VENKATESHWARA TRANSPORT
NO.299, JAYANAGAR,
JEKAL ROAD, KOLAR,
DISTRICT:KOLAR
BY K. ASWATH, AGED 52 YEARS,
S/O LATE KRISHNAPPA.
54. T M TRANSPORT
AZAD NAGAR, 1ST MAIN, I CROSS,
CHITRADURGA,
R/P BY ITS PROPRIETOR
M.D. ZAILABDUIN, S/O M.D. ALI.
11
55. VIJAYA LORRY TRANSPORT
R/P BY KRISHNA MURTHY
S/O E. NAGARAJ RAO,
AGE 56 YEARS, NO.450, 16TH CROSS,
K.T.J. NAGAR,
DAVANGERE.
56. SRI SARVA SIDDHIVINAYAKA TRANSPORT
R/P BY K G RAVI KUMAR
S/O K G RAMAPPA, AGED 51 YEARS,
B H ROAD, KADADAKATTE,
BHADRAVATHI TALUK.
57. SRI LAKSHMI TRANSPORT
M.JAGANATH, S/O MYLARAPPA,
AGED 49 YEARS,
LAXMI SADANA COMPLEX, DURGI GUDI,
SHIMOGA.
PETITIONER NO.57 DELETED VIDE
COURT ORDER DATED 02.08.2014.
58. MADHU TRANSPORT
M R MADHUKAR,
S/O M K RAJASHEKAR, AGED 51 YEARS,
R/AT NO.250, SHEKARAPPA NAGAR,
B BLOCK,
DAVANAGERE.
59. SHANAAZ S N
W/O MUNEER AHMAD JUNEDHI,
AGED 30 YEARS, NO.1523, 2ND MAIN,
10TH CROSS, KTJ NAGAR,
DAVANGERE.
... PETITIONERS
(BY SRI KIRAN KUMAR &
SRI L. CHANDRASHEKAR, ADV.
PETITIONER NOS.11, 46 & 57 ARE DELETED
VIDE COURT ORDER DATED 02.08.2014)
12
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS,
ROOM NO.18, GROUND FLOOR,
VIKAS SOUDHA,
VIDHANA VEEDHI,
BANGALORE-01
R/P BY ITS UNDER SECRETARY.
2. THE COMMISSIONER
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
NO.8, MARKETING FEDERATION BUILDING,
CUNNIGHAM ROAD,
BANGALORE-560 052.
3. THE ADDITIONAL DIRECTOR
PROCUREMENT AND DISTRIBUTION,
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
NO.8, MARKETING FEDERATION BUILDING,
CUNNIGHAM ROAD,
BANGALORE-560 052.
... RESPONDENTS
(BY SRI VIJAYKUMAR A. PATIL, HCGP)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 03.07.2014, ISSUED BY THE 2ND RESPONDENT
PRODUCED AT ANNEXURE-A.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
13
ORDER
In response to a tender Notification published, inviting tenders to transport food grains from the godowns of Food Corporation of India to the respective state owned depots for the year 2012-13, the petitioners having participated, became the successful bidders and entered into the agreement/s. The tender period came to an end on 31.05.2013. However, keeping in view the terms of the agreement, the tender was extended for a further period of six months, on the same terms and conditions, as was originally agreed. W.P.No.53707/2013 filed to issue a mandamus directing the respondent - authority to call for fresh tenders was allowed on 12.12.2013, by reserving liberty to the petitioner therein, to seek enhanced rate for the extended period with a direction to the respondent to call for fresh tenders. Learned HCGP submits that a fresh tender was called for and the same would be finalised soon. The Commissioner, Dept. of Food, Civil Supplies and Consumer Affairs, having passed an order on 03.07.2014, 14 directing all Deputy Directors of respective Districts to recover from the transport contractors, the amount at the rate of `3/- per quintal, for the food grains transported / lifted from FCI godown/s, these writ petitions were filed to quash the order as at Annexure-A and grant consequential reliefs.
2. Heard learned advocates on both sides and perused the writ petition record. The agreement/s entered into by the petitioners in pursuance of the acceptance of their respective bids, provides for resolution of disputes and differences arising out of the agreement whatsoever, to be referred to a sole arbitration by a Senior IAS Officer of Karnataka Government and his decision shall be final and binding on the parties.
3. By the impugned order, a unilateral decision has been taken by the Commissioner, Dept. of Food, Civil Supplies and Consumer Affairs to recover from the petitioners' bills, `3/- per quintal, for the food grains already transported from the godowns of Food Corporation 15 of India to the respective Districts. Learned HCGP submitted that there being provision for resolution of the disputes and differences by having recourse to arbitration, no recovery would be effected, till the reference is made and award of the Arbitrator is received. Undeniably, the petitioners have not agreed to pay the amount, i.e., in terms of Annexure-A.
4. There being a dispute between the parties with regard to the amount to be deducted with regard to the loading of food grains at the godowns of Food Corporation of India, into the vehicles belonging to the petitioners for transportation, the impugned order passed, without making a reference for arbitration, is arbitrary.
There being dispute and differences between the parties, arising out of the respective agreements entered into by the petitioners with the respondents, including the recovery at the rate of `3/- per quintal, relating to loading charges of food grains from the godowns of the Food Corporation of India, Sri. P. Ravikumar I.A.S., Additional Chief 16 Secretary, Energy Department, Government of Karnataka, is appointed as the sole Arbitrator for resolution of the disputes and differences arising out of the agreement/s entered into between the parties hereto. The petitioners and the respondents are at liberty to file their claims and counter claims, before the said Arbitrator, within a period of four weeks. Till the learned Arbitrator decides the dispute, the respondent shall not effect any recovery from the bills of the petitioners i.e., with regard to the loading charges is concerned. In the said view of the matter, it is unnecessary to quash Annexure-A. Writ petitions are disposed of accordingly with no order as to costs.
Sd/-
JUDGE sac*