Karnataka High Court
Aldal Verabhadrappa vs The State Of Karnatraka And Ors on 10 December, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:9538
WP No. 203453 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.203453/2024(GM-TEN)
BETWEEN:
SRI ALDAL VEERABHADRAPPA,
S/O. BASANAGOUDA,
AGED ABOUT 55 YEARS,
OCC. PROPRIETOR -
SRI VEERABHADRESHWARA ROAD LINES,
MANVI,
DIST. RAICHUR - 584 123.
...PETITIONER
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
Digitally signed
by SUMITRA AND:
SHERIGAR
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
REP BY ITS SECRETARY,
DEPARTMENT OF FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS, VIKAS SOUDHA
BENGALURU-1.
2. THE COMMISSIONER,
FOOD, CIVIL SUPPLIES AND,
CONSUMER AFFAIRS,
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WP No. 203453 of 2024
CUNNINGHAM ROAD,
BENGALURU - 01.
3. THE DEPUTY COMMISSIONER (FOOD) & CHAIRMAN,
TENDER COMMITTEE,
RAICHUR,
DIST RAICHUR-584 101.
4. THE DEPUTY DIRECTOR OF
FOOD AND CONSUMER AFFAIRS &
CIVIL SUPPLIES,
RAICHUR,
DIST RAICHUR - 584 101.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE ANY WRIT OR ORDER, WRIT IN THE NATURE OF
CERTIORARI, QUASHIING THE IMPUGNED ORDER DATED
05.11.2024 IN NO.FCS/ACCOUNTS/R.T/C.R-24/2024-25
ISSUED BY RESPONDENT NO.3, IN RESPECT OF APPLICATIONS
OF THE PETITIONER FOR MANVI, RAICHUR AND DEVADURGA
TALUKS, VIDE ANNEXURE-G, AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. In this petition, the petitioner seeks the following reliefs:
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NC: 2024:KHC-K:9538 WP No. 203453 of 2024 "(a) Issue any writ or order, writ in the nature of Certiorari, quashing the impugned order dated 5.11.2024 in No. FCS/Accounts/R.T/C.R-24/2024-25 issued by Respondent No.3, in respect of applications of the petitioner for Manvi, Raichur and Devadurga Taluks, vide Annexure-G;
(b) Issue any writ or order, writ in the nature of Certiorari, quashing the impugned order dated 13.11.2024 in No.Sam:CFS/IT-04/W-
Tender/56-2024-26 (Part File), issued by Respondent No.2 vide Annexure-H;
(c) Issue any writ or order, writ in the nature of Mandamus, directing Respondent No.3 to issue the Certificate upon Police Verification Report dated 1.9.2024, vide Annexure-D, by considering the applicants dated 4.9.2024 and 1.10.2024 vide Annexure-E and F respectively, consequently Accept the Technical Bid."
2. Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondents, and perused the material on record. -4-
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3. A perusal of the material on record will indicate that pursuant to the tender notification dated 23.08.2024 issued by respondent No.1 inviting e-tenders for transportation of food grains for the period from 2024- 2026 in two cover system for Talukwise in 31 Districts, the petitioner filed online application/bid in relation to the said tender in respect of 03 Talukas viz., Manvi, Raichur and Devadurga, by enclosing relevant information and necessary documents. Prior to the technical bid of the petitioner being considered, the petitioner submitted an application on 01.09.2024 to the 3rd respondent - Deputy Commissioner for issuance of a Police Verification Report to the effect that no criminal cases under the Essential Commodities Act are pending as against the petitioner, either before the Court or the jurisdictional Police Station. The 3rd respondent - Deputy Commissioner has not considered the said application nor has taken any decision/ passed any orders on the said application even till today. Meanwhile, the Tender Verification Committee rejected the bid of the petitioner vide impugned order at Annexure - G -5- NC: 2024:KHC-K:9538 WP No. 203453 of 2024 dated 05.11.2024, on the ground that the Police Verification Certificate had not been enclosed by the petitioner along with his bid and the appeal filed by the petitioner having been dismissed by the 2nd respondent Appellate Authority vide impugned order dated 13.11.2024, the petitioner is before this Court by way of the present petition.
4. It is submitted that despite the Police Verification Report dated 01.09.2024 vide Annexure - D discloses that no criminal cases were pending as against the petitioner as on that date and subsequently, the Tender Verification Committee has committed an error in rejecting the technical bid of the petitioner and the same was erroneously confirmed by the 2nd respondent - Appellate Authority and consequently impugned orders deserved to be quashed.
5. Per contra, learned High Court Government Pleader submits that if reasonable time is granted, the application for issuance of Police Verification Certificate to -6- NC: 2024:KHC-K:9538 WP No. 203453 of 2024 the petitioner would be considered in accordance with law by the 3rd respondent - Deputy Commissioner.
6. It is submitted that the rejection of the application/bid of the petitioner was solely on the ground that the petitioner had not submitted the Police Verification Certificate issued by the Deputy Commissioner and that respondent No.3, the Tender Verification Committee would reconsider the application of the petitioner in accordance with law.
7. In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to set aside Annexure - G dated 05.11.2024 and Annexure - H dated 13.11.2024 and remit the matter back to the 3rd respondent - Tender Verification Committee for reconsideration afresh of the application/bid of the petitioner, in accordance with law and by issuing certain directions in this regard.
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8. In the result, the following:
ORDER
i) The writ petition is allowed.
ii) Annexure - G dated 05.11.2024 and Annexure - H dated 13.11.2024 are hereby set aside.
iii) In the first instance, the 3rd respondent -
Deputy Commissioner is directed to consider the application at Annexures - E and F dated 04.09.2024 and 01.10.2024 submitted by the petitioner for issuance of Certificate, bearing in mind the Police Verification Report at Annexure - D dated 01.09.2024 within a period of two weeks from the date of receipt of a copy of this order.
iv) Immediately upon the Deputy
Commissioner taking appropriate
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WP No. 203453 of 2024
decision/passing appropriate orders/issuing appropriate Certificate, pursuant to the present order, the Tender Verification Committee shall reconsider the bid/application of the petitioner and take appropriate decision/ pass appropriate orders within a period of two weeks from the date of receipt of a copy of the order to be passed by the Deputy Commissioner.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SBS List No.: 1 Sl No.: 5