Karnataka Residential Educational ... vs State Of Karnataka on 29 February, 2016

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Karnataka High Court

Karnataka Residential Educational ... vs State Of Karnataka on 29 February, 2016

Bench: A.S. Bopanna

                           1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 29TH DAY OF FEBRUARY, 2016

                        BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

       WRIT PETITION NO.10438/2016 (GM-TEN)

BETWEEN:

KARNATAKA RESIDENTIAL
EDUCATIONAL INSTITUTIONS,
SOCIETY CONTRACTORS'
ASSOCIATION (REGISTERED),
NO.530/538, 3RD FLOOR, 6TH MAIN,
12TH CROSS, GIRINAGAR 2ND STAGE,
BENGALURU-560 085,
REP. BY ITS PRESIDENT T.G.ARUN KUMAR
                                          ...PETITIONER

(BY SRI SHIVARAJU M.K., ADV.)

AND:

1.     STATE OF KARNATAKA,
       DEPARTMENT OF WAREHOUSING
       CORPORATION,
       GOVERNMENT OF KARNATAKA
       UNDERTAKING, NO.43,
       PRIMROSE ROAD,
       BENGALURU-560 025,
       REP. BY ITS MANAGING DIRECTOR.

2.     STATE OF KARNATAKA,
       DEPARTMENT OF CO-OPERATION,
       M.S.BUILDING,
       BANGALORE-560 001,
       REP. BY ITS PRINCIPAL SECRETARY.

3.     THE EXECUTIVE ENGINEER,
       DEPARTMENT OF WAREHOUSING
                              2



      CORPORATION,
      GOVERNMENT OF KARNATAKA
      UNDERTAKING, NO.43,
      PRIMROSE ROAD,
      BENGALURU-560 025.
                                           RESPONDENTS

(BY SRI VIJAYA KUMAR PATI, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED E-PROCUREMENT PACKAGE
NOTIFICATION DATED 06.01.2016 A/W LIST OF WORKS
PUBLISHED IN THE E-PROCUREMENT PORTAL AND IN THE
NEWSPAPER TITLE VIJAYA KARNATAKA DATED 18.02.2016
PASSED BY R-1 AT ANNEX-B AND C.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT PASSED THE
FOLLOWING:
                         ORDER

Learned Government Advocate to accept notice for respondents No.1 to 3 and file memo of appearance in four weeks.

2. The petitioner is before this Court assailing the e-procurement package notification dated 06.01.2016 and the list of workers published in e- procurement portal. The petitioner in that light is seeking that a direction be issued by way of mandamus to direct the respondents to invite future e-tenders individually, separately with location-wise details 3 without grouping all the tenders under a package, so as to facilitate the members of the petitioner and other small contractors to participate in such tender process.

3. The petitioner is the association representing the small contractors. The grievance of the petitioner is that in the impugned tender notification, the entire work has been clubbed whereby, small contractors would be prevented from responding to the same. In that view, it is contended that the respondents be directed to bifurcate the work, so that small contractors would participate in such tender process.

4. Having taken note of the contention, at the outset, it is to be noticed that in respect of impugned tender notification, the last date for responding to the tender notification is already over. Be that as it may, keeping in view the nature of the work for which tender is floated and also the manner in which the work is to be secured, it is for the tender accepting authority to decide the manner in which the terms and conditions are to be imposed and the manner in which it is to be notified. 4 Therefore, without there being any specific indication with regard to the same being contrary to law and there being no infirmity pointed in the notification, I do not see reason to grant the prayer made in the petition.

The writ petition is accordingly disposed of.

SD/-

JUDGE ST

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