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2019 Supreme(Kar) 148

B.M.SHYAM PRASAD
Lakshmi Venkateshwara Borewells Shidlaghatta – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
D.R. Ravishankar, Adv., Muniraja M, Adv., Udaya Holla, Adv., Vijaya Kumar A Patil, Adv., P. Mahesha, Adv., C. Jagadish, Adv., K. Narayana Swamy, Adv.

JUDGMENT :

B.M. SHYAM PRASAD, J.

The petitioner inter alia has sought for quashing of conditions in No.3.2(a), (b) & (c) of the Tender Notification dated 9.11.2018 in No. ADCL/TND/228 (published on 17.11.2018) issued by the General Manager-Development and Tender Inviting Authority, Dr.Ambedkar Development Corporation Ltd., (Respondent No.4) for the purposes of drilling of 165mm dia Borewells on 'No Water No Money Basis' across the state in about 60 packages. The petitioner has also sought for a direction to respondent Nos.1 to 4 to modify the Notification dated 9.11.2018 (for short, 'Tender Notification') and to issue fresh tender notification permitting the petitioner to participate in such fresh tender process. The impugned conditions 3.2(a), (b)&(c) of the Tender Notification read as follows:

"3.2 To qualify for award of this contract, each tenderer in his name should have in the last 5 years i.e., 2013-2014 to 2017- 2018

(a) Achieved in at least TWO financial years minimum financial turnover of Rs. 796.48 lakhs in Borewell drilling only (usually not less than 2 times the estima

























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