Karnataka High Court
M/S Sudha Electricals vs Hubli Electricity Supply Company ... on 2 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:8172-DB
WA No. 100539 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100539 OF 2022 (GM-TEN)
BETWEEN:
M/S SUDHA ELECTRICALS,
BY ITS PROPRIETOR,
RAVINDRA B PRADHAN,
AGED ABOUT 67 YEARS,
SUPER GRADE ELECTRICAL CONTRACTOR,
BUS STAND ROAD SDALAGA-591239
BELAGAVI.
...APPELLANT
(BY SRI LNGESH V. KATTEMANE, ADVOCATE)
AND:
1. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED,
(WHOLLY OWNER GOVT. OF KARNATAKA
ROHAN UNDERTAKING),
HADIMANI
T HAVING ITS CORPORATE OFFICE,
NAVANAGAR, OLD P.B. ROAD, HUBBALLI,
Digitally signed by
ROHAN
DHARWAD DIST-580025
HADIMANI T
Location: BY ITS MANAGING DIRECTOR.
HIGHCOURT OF
KARNATAKA-
DHARWAD BENCH
Date: 2023.08.08
10:28:55 +0530 2. THE SUPERINTENDING ENGINEER (ELE),
PROJECT MONITORING CELL,
CORPORATE OFFICE HESCOM,
HUBBALLI-580025.
3. THE EXECUTIVE ENGINEER,
WORK AND MAINTENANCE DIVISION,
HESCOM LTD, RAIBAG DIVISION,
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NC: 2023:KHC-D:8172-DB
WA No. 100539 of 2022
TQ. CHIKODI, 591201,
BELAGAVI DISTRICT.
4. THE ASSISTANT EXECUTIVE ENGINEER
WORK AND MAINTENANCE DIVISION,
HESCOM LTD, HARUGERI DIVISION,
TQ. SADALAGA-591239,
BELAGAVI DISTRICT.
...RESPONDENTS
(BY SRI B.S. KAMATE, ADVOCATE FOR R1 TO 3;
R4 - SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE
COURT TO, (A) CALL FOR RECORDS WRIT PETITION
NO.W.P.NO.104898/2022(B) SET ASIDE THE ORDER DATED
15.11.2022 IN W.P.104898/2022 PASSED BY THE LEARNED
SINGLE JUDGE BY ALLOWING THIS WRIT APPEAL IN THE ENDS
OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S.R. KRISHNA KUMAR, J., DELIVERED THE
FOLLOWING:
JUDGMENT
This intra Court appeal by the writ petitioner in Writ
Petition No.104898/2022 dated 15.11.2022 is directed
against the impugned order which reads as under:
"ORDER
Shri B.S.Kamate, learned counsel appearing for
respondents/HESCOM submits that on 08.11.2022 the
tender notification has been amended and in so far as the
financial requirement clause was concerned. It is submitted
that as against the requirements of the bidder having
NC: 2023:KHC-D:8172-DB
WA No. 100539 of 2022
achieved minimum financial turnover for two years, by the
amendment, it is restricted to one year.
2. Learned counsel for the petitioner submits
that by virtue of this amendment, the petitioner has
become eligible to participate and learned counsel for the
petitioner submits that the petitioner would participate in
the tender.
3. In view of the above, the writ petition is
disposed of as having become unnecessary. Liberty is
reserved to the petitioner to participate in the tender."
As can be seen from the impugned order passed by
the learned Single Judge, it cannot be said that the same
suffers from any illegality or infirmity nor the same can be
said to have caused any prejudice or occasion failure of
justice insofar as the appellant/ writ petitioner is
concerned and consequently, the present appeal is
disposed of without interfering with the impugned order.
Ordered accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
RH
