Karnataka High Court
Sri Gurunath Vadde vs The State Of Karnataka on 19 November, 2024
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NC: 2024:KHC:47089-DB
WP No. 1888 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 1888 OF 2024 (GM-RES)
BETWEEN:
1. SRI GURUNATH VADDE,
S/O VAJINATH VADDE,
AGED ABOUT 56 YEARS,
SOCIAL WORKER,
R/O JANASEVA ASHRAMA,
BHAVANI BIJALAGAON-585443,
KAMALANAGAR TALUK,
BIDAR DISTRICT,
MOBILE No.9901687999,
AADHAAR No. 665933222123,
PAN No.AERPV9730M,
EMAIL: GURUNATHVADDE@GMAILCOM.
Digitally signed ...PETITIONER
by VALLI
MARIMUTHU (BY SRI J. R. MOHAN, ADVOCATE)
Location: High
Court of AND:
Karnataka
1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PLANNING,
PROGRAMME MONITORING AND STATISTICS,
M. S. BUILDING,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE LOKAYUKTA,
KARNATAKA LOKAYUKTA,
M. S. BUILDING,
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NC: 2024:KHC:47089-DB
WP No. 1888 of 2024
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560001.
3. THE SECRETARY,
KALYANA KARNATAKA REGIONAL
DEVELOPMENT BOARD,
"ABHIVRUDHI BHAVAN",
OPP: IVAN - E - SHAHI GUEST HOUSE,
KALABURAGI-585102.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE RESPONDENTS No-1 AND 2 TO HOLD A DETAILED ENQUIRY
FOR THE DELAY IN CONSTITUTING THE DEBARMENT COMMITTEE
BY THE 3RD RESPONDENT BY CONSIDERING THE
REPRESENTATIONS DATED 15.09.2023 SUBMITTED BY THE
PETITIONER VIDE ANNEXURE-C AND D RESPECTIVELY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
Heard learned advocate Mr. J. R. Mohan for the petitioner
and learned Additional Government Advocate Smt. Niloufer
Akbar for respondent No.1.
2. This instant writ petition styling it as public interest
litigation seeking mandamus to consider the representation
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dated 15.09.2023 regarding the constitution of the Debarment
Committee by respondent No.3-Kalyana Karnataka Regional
Development Board.
3. It is pleaded that the petitioner has no personal benefit
or interest in the cause brought in this public interest petition.
It is stated that the Government has issued Circular dated
29.01.2022 directing to constitute a Debarment Committee as
required under the provisions of the Karnataka Transparency in
Public Procurement Act and Rules. Hence, despite the statutory
mandate, respondent No.3 has failed to constitute the
Committee.
4. It is further pleaded that the reply given by respondent
No.3-authority in response to the application filed under the
Right to Information Act would indicate that the Debarment
Committee is not constituted. Representation dated
15.09.2023 was made to the respondents to constitute the
Debarment Committee in compliance of the Government
Circular dated 29.01.2022, which remained without action.
5. Learned advocate Mr. J. R. Mohan appearing for the
petitioner, submits that in terms of the Circular issued by the
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State Government, the Debarment Committee is to be
constituted by respondent No.3. Having not constituted,
representation was made for appropriate action. Neither the
representation is answered, nor the Debarment Committee is
constituted. Learned advocate for the petitioner submits that
the respondent authorities are bound to implement or provide
compliance with the statutory requirements.
6. Learned Additional Government Advocate Smt. Niloufer
Akbar, appearing for respondent No.1, would submit that
appropriate steps would be taken to address the petitioner's
grievance within a reasonable time.
7. Having heard learned advocate for the parties, it is
noticed that the representation made to constitute the
Debarment Committee as required under the Karnataka
Transparency in Public Procurement Rules, 2000 and the
Government Circular dated 29.01.2022. That apart, when
non-compliance of a statutory provision is brought before the
authorities concerned for its compliance, it is expected that the
authorities would respond to the representation made.
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8. The Court, without examining the further merits of the
matter, directs the respondent authorities to consider the
representation and pass appropriate orders within ten weeks
from today, if such representation is not considered.
9. It is clarified that this Court has not expressed any
opinion on merits.
10. The petition is disposed of accordingly as not entertained
except to the observations above.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
