Karnataka High Court
Rajatadri Traders vs The State Of Karnataka on 8 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 9618 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9618 OF 2024 (GM-TEN)
BETWEEN:
RAJATADRI TRADERS,
CHANNAGIRI.
REPRESENTED BY TIS PROPRIETOR
SRI. B.S.RAVINDRA,
W/O B. SHANTHAVEERAYYA,
AGED ABOUT 65 YEARS,
OCC: BUSINESS,
R/O KAGATUR ROAD, CHANNAGIRI,
TQ CHANNAGIRI - 577 213,
DISTRICT: DAVANAGERE.
...PETITIONER
(BY SRI. GURUDEV I GACHCHINAMATH., ADVOCATE)
AND:
Digitally signed
by NAGAVENI
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF BY ITS SECRETARY TO
KARNATAKA
SOCIAL WELFARE DEPARTMENT,
DR.AMBEDKAR VEEDHI,
VIKAS SOUDHA,
BENGALURU - 1.
2. THE DEPUTY DIRECTOR,
SOCIAL WELFARE DEPARTMENT,
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577201.
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WP No. 9618 of 2024
3. THE COMMISSIONER,
SOCIAL WELFARE DEPARTMENT,
BENGALURU - 01.
4. THE DEPUTY COMMISSIONER,
SHIVAMOGGA,
DISTRICT: SHIVAMOGGA - 577 201.
5. THE CHIEF EXECUTIVE OFFICER/MEMBER,
ZILLA PANCHAYATH,
SHIVAMOGGA,
DISTRICT: SHIVAMOGGA - 577 201.
6. VEERABHADRESHWAR TRADERS,
SORABA, TQ: SORABA - 577 429,
DISTRICT:SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI.NAIK VENKATARAMAN NAGAPPA, ADVOCATE
FOR C/R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED SUPPLY ORDER DATED 04.03.2024 BEARING NO.
SAKAESHI/NISHEDA SAMITHI/CR-18/2023-24 PRODUCED AS
ANNEXURE-C PASSED BY THE R-4 BY ISSUE OF WRIT OF
CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR
DIRECTIONS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 9618 of 2024
ORDER
The petitioner is before this Court, seeking the following
prayers:
"a. Quash the impugned supply order dated 4-3-2024
bearing No. SaKaEShi/Nisheda Samithi/CR-18/2023-24
produced as Annexure-C passed by the Respondent NO.
4 by issue of writ of certiorari or any other suitable writ
or order or directions.
b. Issue a writ of mandamus directing the Respondent
No. 1 to 5 to call for Fresh Tenders in respect of supply
of Food grains, vegetables and other materials in respect
of Pre-metric and post metric Hostel of Social Welfare
Department at Bhadravati and till such time the services
of the petitioner may kindly be directed to be continued
as per Dated 12-05-2022 Annexure-A.
c. Grant such other reliefs as this Hon'ble court deems fit
under the circumstances of the present case including an
order for costs may kindly be passed in the interest of
justice and equity."
2. Heard Sri. Gurudev I. Gachchinamath, learned
counsel appearing for the petitioner, Sri. Naik Venkataraman
Nagappa, learned counsel appearing for the respondent and
have perused the material on record.
3. Learned counsel appearing for the petitioner in all
fairness wold submit that the issue in the lis stands answered
by the judgment rendered by this Court in W.P.No.2920/2024
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and connected matters disposed on 27.03.2024, wherein this
Court has held as follows:
"The petitioner, who is common in all these
petitions, is a participant in the subject tender for
different taluks. Petitioner is before this Court seeking
quashment of a supply order dated 04-03-2024 and seeks
a direction by issuance of a writ in the nature of
mandamus to call for fresh tenders for supply of food
grains, vegetables and other materials to the hostels
coming under Social Welfare Department.
W.P.No.2920 of 2024:
2. The genesis of the issue lies in W.P.No.2920 of
2024. W.P.No.2920 of 2024 calls the tender notification
dated 06-10-2023, in question. This Court, in terms
of an order dated 31-01-2024, relying on an earlier
interim order granted in the companion petition, had
stalled further proceedings pursuant to the tender
notification. The said interim order is in subsistence even
as on date. The tender was for the supply of food grains.
The respondents, owing to the responsibility of
distribution of food grains, without following the
guidelines issued by the 1st respondent-State, passed an
order 04-03-2024 directing the 5th respondent
M/s. Veerabhadreshwara Traders in the companion
petitions to supply food grains to all the hostels during
the pendency of the petitions. It is this supply order that
has driven the petitioner in the companion petition.
3. Heard Smt.Shruthi.S.P., learned counsel
appearing for petitioner in W.P.No.2920 of 2024;
Sri.Veeresh Budihal, learned counsel appearing for
petitioner in W.P.Nos.7756 of 2024 and 7757 of 2024 and
Sri.K.S.harish, learned Government Advocate appearing
for respondents 1 to 4 in all the petitions and Sri.Naik
Venkataraman Nagappa, learned counsel for
caveator/respondent No.5 in W.P.Nos.7756 of 2024 and
7757 of 2024.
4. Learned Government Advocate would submit
that it was a temporary arrangement, in the light of the
interim order granted in W.P.No.2920 of 2024 which was
calling in question a fresh tender notification issued on
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06-10-2023 for the very same purpose, for which now 5th
respondent is directed to supply.
5. Learned counsel for petitioner, at this juncture,
would submit that if the State is directed to call for fresh
tender, it would suffice for the present, as the State
should not continue the interim arrangement for a long
period. The submission merits acceptance. Learned
Government Advocate would not oppose the said
submission that a fresh tender has to be called in a
phased manner.
6. In that light, I deem it appropriate to dispose
W.P.No.2920 of 2024 with a direction to the
respondents/State to call for a fresh tender for the work
that has now been entrusted to 5th respondent, once the
elections would get concluded. Till such time, the supply
being made by Veerabhadreshwara Traders shall remain
uninterrupted. Ordered accordingly.
7. For the reasons rendered while disposing
W.P.No.2920 of 2024, W.P.No.7757 of 2024 also stands
disposed.
W.P.No.7756 of 2024:
8. Learned counsel Sri.Veeresh Budihal, appearing
for petitioner, would submit that in the impugned
proceedings the petitioner is projected as if it would be
blacklisted or barred from participating in the tender
process.
9. It is needless to observe that if any tenderer has
to be backlisted, it shall be only after following the
principles of natural justice. This situation has not yet
arisen. The apprehension is not rational, as there is no
order blacklisting the petitioner that would debar her from
participating in any tender, is passed.
10. As of now it is made clear that if the State
would carry the proceedings any further, qua blacklisting
the petitioner it shall only be after compliance with the
principles of natural justice.
11. With the aforesaid observations, W.P.No.7756
of 2024 also stands disposed on the very same reasons
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as is rendered in W.P.No.2920 of 2024, but with the
aforesaid specific observation.
Consequently, pending applications, if any, also
stand disposed."
4. In the light of the issue standing answered by this
Court (supra) and for the reasons aforementioned, the petition
stands disposed.
Ordered accordingly.
Sd/-
JUDGE
SJK
