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2022 Supreme(Online)(Kar) 53901
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL, 2022
BEFORE
THE HON9BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.8911 OF 2022 (GM-TEN)
BETWEEN:
1.
M.K. ROADLINES,
PROPRIETOR, D.P. NAGESHA,
S/O. PUTTEGOWDA,
AGED ABOUT 38 YEARS,
AMBEDKAR CIRCLE, MUDIGERE ROAD,
BELUR-573 115 (HASSAN DISTRICT)
2.
SRI. RANGANATHASWAMY TRANSPORT
PARTNER, PRAMOD CHAKRAVARTHY H.M.
S/O. MANJEGOWDA K.M
AGED ABOUT 48 YEARS,
SHOP NO.25, GORUR ROAD, SANTEPET,
HASSAN-573 201.
3.
RAJKUMAR ROAD LINES,
PROPRIETOR, R. ARUN,
S/O. LATE D.C. RAJKUMAR,
AGED ABOUT 51 YEARS,
1ST MAIN ROAD, NEW MANDIPET,
TUMKUR-572 101.
&PETITIONERS
(BY SRI. M.S. RAJENDRA PRASAD, SR. ADVOCATE FOR SRI,
ADVOCATE)
2
AND:
1.
THE ADDL. CHIEF SECRETARY,
FCS & CA DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIKAS SOUDHA,
BANGALORE-560 001.
2.
THE COMMISSIONER,
FCS & CA DEPARTMENT,
GOVERNMENT OF KARNATAKA,
NO.8, CUNNIGHAM ROAD,
SAHAKARA BHAVAN,
BANGALORE-560 052.
3.
DEPUTY COMMISSIONER
FCS & CA DEPARTMENT,
GOVERNMENT OF KARNATAKA,
HASSAN DISTRICT,
KARNATAKA-573 115.
&RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSITUTION OF INDIA PRAYING TO QUASH THE
R-2 NOTIFICATION DTD. 13.04.2022 (ANNX-A) CHANGING
THE CRUCIAL TENDER TERMS RELATE TO FIXED RATE
AFTER FINANCIAL BID OPENING IN THE RESPONDENTS
TENDER DTD. 10.12.2021 (ANNX-B) AS ARBITRARY,
DISCRIMINATORY, BIASED AND ENCROACHMENT UPON
THE
CONSTITUTIONAL
RIGHTS
OF
THE
PETITIONERS/TENDER PARTICIPANTS.
THIS WRIT PETITION COMING ON FOR ORDER, THIS
DAY, THE COURT MADE THE FOLLOWING:
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1.
The petitioners are before this Court seeking for the
following reliefs;
<(i)
To issue a Writ in the nature of Certiorari or any
other writ, order or direction to quash the 2nd
Respondent9s
notification
dated
13/04/2022
(ANNEXURE-A) changing the crucial tender terms
related to <fixed rate= after financial bid opening in
the
Respondent9s
tender
No:FSA/E-PROC/
WHOLESALE/TENDER/01/2022-24
dated
10/12/2021
(ANNEXURE-B),
as
arbitrary,
discriminatory, biased and encroachment upon the
constitutional
rights
of
the
Petitioners/tender
participants.
(ii)
Consequently, to issue a Writ in the nature or order
or direction to 2nd Respondent to consider all the
three Petitioners9 tender bids (ANNEXURE:D &E &
F) respectively, in light of the tender terms stated
in
the
original
tender
document
22/12/2021
(ANNEXURE:A) Clause: 13 and Addendum issue on
22/12/2021 (ANNEXURE:B).
(iii)
To issue any other writ or direction or order the
Petitioners are found entitled to in the interest of
justice and equity.=
2.
After arguing the matter for some time, learned senior
counsel for the petitioners seeks permission of this Court
to withdraw this petition, with liberty to file an appeal
under the provision of Section 16 of the Karnataka
Transparency in Public Procurements Act, 1999.
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3.
Reserving such liberty, the petition stands dismissed as
withdrawn.
4.
Respondents are however restrained for a period of one
week from today from finalizing the tender. In the
event of no appeal being filed by 04.05.2022, the
interim order above passed shall automatically stands
vacated.
Sd/-
JUDGE
DH
