H M S Enterprises vs State Of Karnataka on 4 July, 2019

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Karnataka High Court

H M S Enterprises vs State Of Karnataka on 4 July, 2019

Bench: Alok Aradhe

                               1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 4TH DAY OF JULY, 2019

                           BEFORE

          THE HON'BLE Mr. JUSTICE ALOK ARADHE

           WRIT PETITION Nos. 43812-16/2018 &

       WRIT PETITION Nos. 47864-68/2018 (GM-TEN)

BETWEEN :
--------------

1.    H.M.S. Enterprises
      No. 44/57, 5th Cross
      H. Siddaiah Road
      Bangalore - 560 027
      Rep. by its Proprietor
      Mr. Muneer Pasha
      S/o. Abdul Kareem
      Aged about 63 years

2.    K.G.N. Scrap Traders & Co.
      HPC No. 47/9, Masjid Complex
      Opp. 4th Cross, H. Siddaiah Road
      Bangalore - 560 027
      Rep. by its Proprietor
      Mr. Syed Ismail
      S/o. Sayed Jaleel
      Aged about 65 years

3.    S.B. Scrap Traders & Co
      No. 53,7th Main Road, 1 A Cross
      Shamananagar, Vijayanagar
                               2




     Bangalore - 560 040
     Rep. by its Proprietor
     Mr. Rahamathulla Khan
     S/o. Dastagir Khan
     Aged about 45 years

4.   Farhan Steels
     No. 27, KIADB Industrial Estate
     B.M. Road, Hassan - 573 201
     Rep. by its Proprietor
     Mr. Fairoz Khan
     S/o. Abdul Rawfi
     Aged about 40 years.

5.   Z.K. Motors
     Ground Floor, 62, Bada Makan
     Opp. 7th Cross, H. Siddaiah Road
     Bangalore - 560 027
     Rep. by its Proprietor
     Mr. Azeeulla Khan
     S/o. Mahaboob Ali Khan
     Aged about 49 years.

6.   Sunrays Enterprises
     Rep. by its Proprietor
     Mr. M.D. Sami
     S/o. M.D. Shafi
     Aged about 39 years


7.   New India Enterprises & Co.
     HPC No. 178/47, Masjid Complex
     Opp. 4th Cross, H. Siddaiah Road
     Bangalore - 560 027
     Rep. by its Proprietor
     Mr. Mujahid Pasha
                             3




      S/o. MD. Peer
      Aged about 35 years

8.    Sardar Khan & Co.
      No. 19/1, 3rd Cross
      H. Siddaiah Road
      Bangalore - 560 027
      Rep. by its Proprietor
      Mr. S. Sardhar Khan
      S/o. M.N. Suilma Khan
      Aged about 71 years.

9.    S.M.A. Traders
      No. 79, 9th Cross
      Gangamma Layout
      Near Makka Masjid
      Mangamanna Palya
      Bangalore - 560 068
      Rep. by its Proprietor
      Mr. Syed Munieer Ahamed
      S/o. Syed Navab
      Aged about 54 years

10.   HTMS Enterprises
      No. 8, At.242, Sarakki Gate
      Ilyaznagar
      Bangalore - 560 078
      Rep. by its Proprietor
      Mr. Moinuddin
      S/o. Nazeer Ahmed
      Aged about 26 years.           ... PETITIONERS


(By Sri. V. Subash Reddy, Adv., ABSENT)
                               4




AND :
-------

1.    State of Karnataka
      Department of Transport
      M.S. Building
      Dr. B.R. Ambedkar Veedhi
      Bangalore - 560 001
      Rep. by its Principal Secretary.

2.    The Karnataka State Road
      Transport Corporation
      Central Office
      K.H. Road, Shanthinagar
      Bangalore - 560 027
      Rep. by its Managing Director.

3.    The Controller Stores and
      Purchases, KSRTC
      Central Office
      KH Road, Shanthinagar
      Bangalore - 560 027.               ... RESPONDENTS

(By Smt. Prathima Honnapura, AGA, for R-1
Sri. P.D. Surana, Adv., for R-2 & R-3)

                                  ---

     These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India with a prayer to set aside
the addendum uploaded in the procurement portal insofar as
incorporating a revised Annexure A1 and etc.

     These Writ Petitions coming on for Preliminary Hearing
B Group this day, the Court passed the following;
                                 5




                              ORDER

None for the petitioners.

Smt. Prathima Honnapura, learned Additional Government Advocate, for respondent No. 1.

Sri. P.D. Surana, learned counsel for respondent Nos. 2 and 3.

2. In these writ petitions the petitioners inter alia have prayed for the following reliefs:

i. Issue a writ of certiorari or any other appropriate writ, setting aside the Addendum uploaded in the Procurement Portal, insofar as incorporating a revised Annexure - A1 and revised Annexure - B with reference to Tender No. KST/CO/P/Scrap/S-01/18-19 dated 27.08.2018 due date on 11.09.2018 vide Annexure D, and ii. .Consequently to direct the respondents 2 and 3 to conduct E-Auction of the sale of scrap or vehicles in a transparent, competitive, manner as was done earlier through MSTC Limited, a government of India.

3. When the matter was taken up for hearing today learned counsel for respondents submits that the writ petitions have been rendered infructuous on account of efflux of time as the scrap in question which is the subject matter of the writ petitions has already been sold by e-auction.

4. The aforesaid submission of the learned counsel for respondents is taken on record. Accordingly, writ petitions are dismissed as having become infructuous.

Sd/-

JUDGE.

LRS.

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