M P Nrupatunga vs The State Of Karnataka
2022 Latest Caselaw 3502 Kant

                           -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF MARCH, 2022

                         PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
                          AND
     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

       WRIT APPEAL NO.134 OF 2022 (GM-TEN)

BETWEEN:
M.P.NRUPATUNGA
S/O PUTTASWAMY
AGED ABOUT 38 YEARS
R/AT NO.284, 3RD CROSS
BANDI GOWDA LAYOUT
MANDYA - 571 401
                                          ... APPELLANT
(BY SRI VIVEK N, ADVOCATE FOR
 SRI RAHUL S. REDDY, ADVOCATE)

AND:
1.   THE STATE OF KARNATAKA
     REP. BY ITS SECRETARY
     DEPARTMENT OF PUBLIC WORDS
     3RD FLOOR, VIKASA SOUDHA
     DR.AMBEDKAR VEEDHI
     BENGALURU - 560 001

2.   THE CHIEF ENGINEER
     PUBLIC WORKS DEPARTMENT
     SAMPARKA AND KATTADA
     K.R.CIRCLE, BENGALURU - 560 001

3.   THE SUPERINTENDENT ENGINEER
     PUBLIC WORKS DEPARTMENT
     MYSORE DIVISION
     MYSORE - 570 001

4.   THE EXECUTIVE ENGINEER
     PUBLIC WORKS DEPARTMENT
     MYSORE DIVISION
     MYSORE - 570 001
                                       ... RESPONDENTS
(BY SRI VIJAYAKUMAR A PATIL, AGA)
                             -2-


      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR
THE CONCERNED RECORDS IN W.P NO.13417/2021 AND SET
ASIDE    THE  JUDGMENT     DATED   1711.2021  IN  W.P.
NO.13417/2017 BY ALLOWING THE WRIT APPEAL.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE
DELIVERED THE FOLLOWING:


                        JUDGMENT

This intra-Court appeal has been filed challenging the

impugned judgment and order dated 17.11.2021 passed in

Writ Petition No.13417/2021.

2. The appellant, being the petitioner, had filed the said

writ petition challenging the tender notification dated

25.06.2021. The learned Single Judge did not find any

merit in the contentions raised by the appellant-petitioner

and, as such, has dismissed the petition on merit.

3. Learned Additional Government Advocate appearing

for the State Authorities, on the basis of instructions,

submits that the work order has been issued in favour of

one Nandeesh N on 24.02.2022, and as such, the tender

notification which was under challenge in the writ petition

has been finalised.

4. Learned counsel for the appellant, at this stage,

makes a statement at the Bar that he will not press the

instant intra-Court appeal. However, may be given liberty

to challenge the said work order by availing the statutory

remedy available under Section 16 of the Karnataka

Transparency in Public Procurements Act, 1999.

5. The writ appeal is accordingly, dismissed as not

pressed with the aforesaid liberty.

6. Pending interlocutory application does not survive for

consideration and stands disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB