Karnataka High Court
M/S.Shree Basaveshwara ... vs State Of Karnataka on 30 August, 2023
Bench: Sachin Shankar Byssmj
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WP No. 106651 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 106651 OF 2017 (GM-TEN)
BETWEEN:
1. M/S. SHREE BASAVESHWARA ELECTRICALS,
PROP: BASANAGOUDA PATIL,
AGE ABOUT: 52 YEARS, S/O. BASANAGOUDA,
SUPER GRADE ELECTRICAL CONTRACTOR,
AZAD CIRCLE, KOPPAL TOWN-583231.
KOPPAL TALUK & DISTRICT.
2. M/S. SRI RAM ELECTRICALS,
PROP: UMAPATHI NAIK,
AGE ABOUT 37 YEARS, S/O. N. RAMA NAIK,
SUPER GRADE ELECTRICAL CONTRACTOR,
INDIRA CIRCLE, MUNIRABAD-583233,
BALLARI DISTRICT.
3. M/S. N.C. ELECTRICALS,
PROP: CHAMARAJENDRA N.,
AGED ABOUT 49 YEARS,
S/O. KARIBASANAGOUDA, KOTTUR TOWN-583134.
Digitally signed
by
MOHANKUMAR
MOHANKUMAR
B SHELAR
B SHELAR
Location:
4. M/S. KAMADHENU ELECTRICALS,
DHARWAD
Date:
2023.09.05
PROP: D.SATISH, AGED ABOUT 25 YEARS,
13:29:47 -0700
S/O. DURGA NAIK,
SUPER GRADE ELECTRICAL CONTRACTOR,
KOTTUR TOWN-583134, KUDLIGI TALUK,
BALLARI DISTRICT.
5. M/S. MALATESH ELECTRICALS,
PROP: HEMAGIRI GOWDA,
AGED ABOUT 38 YEARS, S/O. KARIBASANAGOUDA,
SUPER GRADE ELECTRICAL CONTRACTOR,
KOTTUR TOWN-583134, KUDLIGI TALUK,
BALLARI DISTRICT.
6. M/S. SATHYANARAYANA,
CONSULTANT ENGINEERS,
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PROP: MANJUNATH G.,
AGED ABOUT 38 YEARS,
S/O. VITTOBHA SETTY,
SUPER GRADE ELECTRICAL CONTRACTOR,
OM SHANTHI NIVAS, AGALAKERA VILALGE-583234,
KOPPAL TALUK & DISTRICT.
7. M/S. CHANDRASHEKAR ELECTRICALS,
PROP: CHANNABASAPPA SUNKAD,
S/O. ESHAPPA SUNKAD, AGED ABOUT 37 YEARS,
SUPER GRADE ELECTRICAL CONTRACTOR,
KOPPAL TOWN-583231, KOPPAL TALUK & DISTRICT.
...PETITIONERS
(BY SRI Y.R. JOGI, SRI L.S. MANJUNATH, ADVOCATES)
AND:
1. STATE OF KARNATAKA,
ENERGY DEPARTMENT,
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY,
VIKASA SOUDHA, BENGALURU-560001.
2. KARNATAKA POWER TRANSMISSION,
CORPORATION LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR,
CAUVERY BHAVAN, KEMPEGOWDA ROAD,
BENGALURU-560009.
3. DEPUTY GENERAL MANAGER (TECH),
CORPORATE OFFICE, K.P.T.C. LIMITED,
CAUVERY BHAVAN, BENGALURU-560009.
4. SUPERINTENDING ENGINEER (ELEC),
TRANSMISSION (W & M),
MUNIRABAD CIRCLE, K.P.T.C.L., MUNIRABAD-583233.
5. KARNATAKA ELECTRICAL CONTRACTORS,
LICENSING EXAMINATION AND ADVISORY BOARD,
REPRESENTED BY ITS MEMBER SECRETARY,
O/O: THE CHIEF ELECTRICAL INSPECTORATE,
KSCC BUILDING, OPP TO: ORIAN MALL,
DR. RAJKUMAR ROAD, BENGALURU-560055.
...RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1;
SRI B.S. KAMATE, ADV. FOR R2 AND R4;
NOTICE TO R3 IS SERVED)
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WP No. 106651 of 2017
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER SIMILAR FOR QUASHING OR
MODIFYING THE IMPUGNED TENDER NOTIFICATION NO: BID
EQUIRY NO: SEE/TR(W&M).C/MRB/EE(O)/AEE-2/16-17/SHIFT
DUTIES-44, DATED:22.05.2017 ANNEXURE-A AND THE IMPUGNED
LETTER NO.KPTCL/ IRO/B14/6014/2002-03, DATED:08.09.2015, AT
ANNEXURE-"H" HEREIN.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the super grade
electrical contractors questioning the tender notification
vide Annexure-A on the ground that respondents
deliberately intend to entrust the contractual work to other
than super grade electrical contractors and it is on this
precise ground captioned petition is filed assailing the
impugned tender notification.
2. Heard the learned counsel for the respondents
and perused the material on record.
3. Learned counsel for the respondents has placed
on record the judgment rendered by Co-ordinate Bench of
this court involving same issue. Learned counsel for the
respondents relying on the judgments rendered by Co-
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ordinate Bench of this court would vehemently argue and
contend that tender notification is issued to carryout shift
duties located at various sub stations. Referring to these
judgments he would point out that this court in batch of
petitions held that if there is no electrical installation work
to be carried out by the manpower agency, Regulation 3.3
which mandates that such installation has to be carried
out only by special grade contractors cannot be applied to
those tenders floated only to maintain sub stations
4. I have given my anxious consideration to the
judgment cited by the learned counsel for the respondents
in W.P.No.104648/2021. The controversy relating to
floating of tender and maintenance of sub stations is given
quietus by the Co-ordinate Bench in batch of petitions.
5. On bare perusal of tender notification vide
Annexure-A, it is clearly evident that tender is floated to
arrange shift duties of maintenance of sub stations. If
tender notification does not pertains to installation of
electrical sub station, then question of excluding Class-I
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contractor does not arise. To implement and execute
tender work of maintaining sub stations even Class-I
contractor will not personally execute the work, but the
said work of maintaining sub stations is carried out
through engineers and diploma holders. Having regard to
the nature of work under tender, it is clearly evident that
all manpower service providers can participate in the
tender and therefore, petitioners only on the ground that
they are qualified as super grade electrical contractor
licence cannot seek exclusion of electrical contractors
possessing Class-I licence. Therefore, I am not inclined to
interfere with the impugned notification.
6. The writ petition being devoid of merits stands
dismissed.
Sd/-
JUDGE
MBS
