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2010 Supreme(Kar) 56

High Court of Karnataka
THE HONOURABLE MR. JUSTICE AJIT J. GUNJAL
Target Detective And Security Force, Davanagere
Versus
State Of Karnataka & Others
Writ Petition No. 16565 of 2008 (GM-TEN)
Decided On : 13-01-2010

Subject

Contract Disputes - TENDER AWARD

Act Referred

KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT ACT : S.16

Headnote

KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS ACT, 1999 - Section 16: [Ajit J. Gunjal, J] Tender for providing service of personnel of Data Entry Operators - Petitioner was also one of participant in tender - Petitioner questioning awarding of contract to 4th respondent -Writ Petition - Petitioner not availed alternative remedy of appeal under Section 16 of the Karnataka Transparency in Public Procurements Act - Petitioner did not have benefit of an interim order during Pendency of proceedings - Held, No useful purpose would be served at this stage by examination of matter. Liberty reserved to petitioner to avail alternative remedy. Writ petition disposed accordingly.

Advocates Appeared:
For the Petitioners:C.N. Kamath & Sri Vinayak Kamath, Advocates.
For the Respondent:Narendra Prasad, High Court Government pleader & M/s. Emkay Associates, Advocates.

Judgment :

Petitioner is an establishment which started functioning in the year 1986 having its organization for providing employees in various services and officers and has been doing the said work which was entrusted to them. A tender was floated by the respondent on 17-11-2008 for providing service of personnel of Data Entry Operators to the District Project Offices for the year 2009-2010 in respect of seven districts. The petitioner was also one of the participant in the tender. The last date for submitting the tender was 25-11-2008. The 4th respondent was also one of the participant. The tender authority has accepted the tender of respondent 4 and a contract is awarded in its favour. The said awarding of contract is questioned in this petition.

2. Apparently, petitioner has an alternative remedy of appeal under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 (for short, ’the Act’) and the same is not availed by the petitioner.

3. On merits it is to be noticed that the tender was for a period of one year which would come to an end on 31-3-2010. Apparently, the petitioner did not have the benefit of an interim order during the pendency of the proceedings. No useful purpose would be served at this stage by examining the matter any further by this Court. Hence the following:

OREDER

Liberty is reserved to the petitioner to avail the alternative remedy of appeal under Section 16 of the Act. Accordingly, petition stands disposed of.

Sri Narendra Prasad, learned High Court Government pleader appearing for the respondents is permitted to file memo of appearance within four weeks.



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