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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 1^ST DAY OF FEBRUARY 2021

PRESENT

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

AND

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

WRIT APPEAL NO. 200080/2019 (LB-RES)

Between:

The Water Health India Pvt Ltd.,

Registered Office at Plot No. 9/7

Sy. No. 308/1, Nagaram Village

Keesara Mandal

Hyderabad Urban - 500083

Telangala State

Rep. by its Authorised

Signatory.

.. Appellant

(By Sri. Ameet Kumar Deshpande, Advocate)

And:

1.

M/s. Hiriya Someshwara

Industries

Plot No. 168, D1 & D168

Sy. No. 109

Growth Centre

Dis. Raichur - 580 134.

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2.

M/s. Padmashree Aqua Industries

MPL No. 12-10-38

Utkur Complex, Siyatalab

Gunj Road

Raichur - 584 101.

3.

M/s. Maruti Industries

Through its Proprietor

Sri. G. Jagannath Reddy

Plot No. 169, 170, Sy. No. 11/2

Raichur Growth Centre

Industrial Area

Chikkasugur Hobli

Raichur - 584 134.

4.

The Union of India

Through Food Safety and

Standards Authority of India

Rep. by its Chairperson

FDA Bhavan, Kotla Road

New Delhi - 110002.

5.

The Food Safety Commissioner

of Karnataka

Health and Family Welfare

Services, Anand Rao Circle

Bengaluru - 560 009.

6.

The Deputy Commissioner

Raichur - 584 101.

7.

The Designated Food Safety

Standard

Department Officer

Opp. Ekminar Masjid

Raichur - 584 101.

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8.

The Commissioner

Municipal Council

Raichur - 584 101.

... Respondent

(By Sri. Manvendra Reddy, Advocate, for R-1 to R-3

Sri. S. S. Halalli, Advocate, for R-3

Sri. S.S. Aspalli, ASGI, for R-4

Smt. Anuradha M. Desai, GA, for R-5 to 7)

This Writ Appeal is filed under Section 4 of the

Karnataka High Court Act praying to set aside the final

order dated 26.04.2019 passed by the learned Single

Judge in W.P. No. 205787/2016 and 206152-153/2016

and etc.

This appeal coming on for Preliminary Hearing

this day, N.K. SUDHINDRARAO, J. delivered the

following:

JUDGMENT

The appellant herein was respondent No. 6 in the

writ petition. The petitioners had questioned the license

or permission awarded to respondent No. 6 by

respondent No. 5 in terms of providing pure drinking

water to the people of jurisdiction of respondent No. 5.

Respondent No. 5 - Commissioner, Municipal Council,

Raichur proceeded to award contract to respondent No.

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6 for installation of water purifying units at the

respective places as per the contract.

2. Respondent No. 6, in accordance with the

agreement for 5 years, established 12 units in different

wards as per Annexure E and F.

3. The agreement was entered into and there had

been a contract between respondent Nos. 5 and 6.

Petitioners had challenged the said order of respondent

No. 5 on the ground that without following well

established procedures and transparency, awarded the

contract to respondent No. 6. Providing of clear water is

the

basic

responsibility

of

the

municipality

as

contemplated under Section 87 of the Karnataka

Municipalities Act (for short hereinafter referred to as

`the Act'). In this connection perusal of Section 72 of the

Act would tell the competency of the Commissioner of

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Municipal Council to enter in to an agreement or

contract.

4. Learned Single Judge disposed of the writ

petition

observing

that

the

contract

given

to

respondent No. 6 as per Anneuxres E and F were set

aside. However respondent No. 5 was given liberty to

proceed with the process by following the due process of

law and complete the process within three months and

in the meanwhile respondent No. 6 was permitted to

supply pure drinking water to the general public till

31.07.2019 in order to avoid hardship to the public.

Now respondent No. 6 in the writ petition, i.e., M/s. The

Water Health Private Limited has come in these appeals

challenging the said order.

5. Sri. Ameet Kumar Deshpande, learned counsel

appearing for the appell