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- - WP No.40586/2017
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER 2017
PRESENT
THE HON’BLE MR. H.G.RAMESH ACTING CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.40586/2017 (GM-TEN-PIL) BETWEEN: 1. SHRI RANGANATH DHANASING PAWAR AGED ABOUT 31 YEARS OCC: AGRICULTURE R/AT KEB LAMANI TANDA INDI – 586 209 DISTRICT VIJAYAPUR
SHRI YAMUNAJI DHONDUPANT SALUNKE
AGED ABOUT 40 YEARS
OCC: BUSINESS, GOUDAR ONI INDI – 586 209, DISTRICT VIJAYAPUR
SHRI SIKANDAR IQUABALSAB PATIL
AGED 41 YEARS, OCC: AGRICULTURE
HALLAD ONI, INDI -586 209
DISTRICT VIJAYPUR
SHRI RAVI UDAY RATHOD
AGED ABOUT 26 YEARS
OCC: BUSINESS R/AT KEB LAMANI TANDA
INDI – 586 209, DISTRICT VIJAYPUR ..PETITIONERS
(BY SRI ASHOK R. KALYANASHETTY, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ITS SECRETARY DEPARTMENT OF PUBLIC WORKS
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PORTS AND INLAND WATER TRANSPORT
VIKAS SOUDHA, BENGALURU – 560 001
THE DEPUTY COMMISSIONER
VIJAYPUR DISTRICT, VIJAYPUR – 586 101
THE EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS
PORTS AND INLAND WATER
TRANSPORT DEPARTMENT
VIJAYPUR DIVISION, VIJAYAPURA – 586 101
THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS
PORTS AND INLAND WATER
TRANSPORT DEPARTMENT
INDI – 586 209
THE TOWN MUNICIPAL COUNCIL INDI, BY ITS CHIEF OFFICER, INDI – 586 209
THE HUBLI ELECTRICITY SUPPLY
COMPANY LIMITED, BY ITS
EXECUTIVE ENGINEER (ELE)
O & M DIVISION, INDI – 586 209
THE DIRECTORATE OF MUNICIPAL
ADMINISTRATION, BY ITS DIRECTOR
9TH AND 10TH FLOOR
VISHWESHWARAIAH TOWERS
DR. B.R.AMBEDKAR VEEDHI
BENGALURU – 560 001
THE HUBLI ELECTRICITY SUPPLY
COMPANY LIMITED, CORPORATE OFFICE
BY ITS MANAGING DIRECTOR
NAVANAGAR (BEHIND INCOME TAX OFFICE)
HUBLI – 580 025
…RESPONDENTS
(BY SRI R.DEVDAS, PRINCIPAL GOVERNMENT ADVOCATE FOR R1 TO R4 & R7; NOTICE TO R5, R6 & R8 DISPENSED WITH V/C/O DATED 31.10.2017)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-TENDER NOTIFICATION AT ANNEXURES-H AND E, TENDER NOTIFICATION AT ANNEXURE-J BOTH DATED 10.08.2017
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3 ISSUED BY RESPONDENT NO.3 AND ALL FURTHER PROCEEDINGS PURSUANT THERETO ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING: O R D E R Ag.CJ (Oral):
This writ petition is directed against the notices inviting tenders at Annexures-H & J. 2. Learned Government Advocate appearing for respondent Nos.1 to 4 and 7 submits that presence of the other respondents is not necessary, and hence, notice to them may be dispensed with. Accordingly, notice to respondent Nos.5, 6 and 8 is dispensed with. 3. By consent of learned Counsel on both sides, the petition is heard finally on merits and is being disposed of by this order. 4. The date of publication of the impugned notices inviting tenders is 10.08.2017 and the last date stipulated for submission of tenders is 04.09.2017. The value of both the tenders is in excess of Rupees Two Crores. 5. The above factual position is not disputed by the learned Government Advocate.
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4 6. The contention urged by the learned Counsel appearing for the petitioners is that the aforesaid notices inviting tenders at Annexures-H & J are contrary to Rule 17(1) of the Karnataka Transparency in Public Procurement Rules, 2000 (‘the Rules’ for short) as the minimum period of sixty days stipulated in Rule 17(1) of the Rules is not provided for submission of the tenders.
The learned Government Advocate refers to Rule 17(2) of the Rules and submits that the Authority Superior to the Tender Inviting Authority has passed an order dated 21.07.2017 under Rule 17(2) reducing the time stipulated under Rule 17(1) of the Rules. He has produced the said order along with a memo dated 30.10.2017. 8. Rule 17 of the Rules reads as follows: “17. Minimum time for submission of tenders.—
(1) The Tender Inviting Authority shall ensure that adequate time is provided for the submission of tenders and a minimum time is allowed between date of publication of the Notice Inviting Tenders in the relevant Tender Bulletin and the last date for submission of tenders. This minimum period shall be as follows.—
(a) for tenders upto rupees two crores in value, thirty days; and (b) for tenders in excess of rupees two crores in value, sixty days.
(2) Any reduction in the time stipulated under sub-rule(1) has to be specifically authorized by an authority superior to the Tender Inviting Authority for reasons to be recorded in writing.”
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5 9. As could be seen from the said order, the reduced time limit is not even stated in the order. The order is clearly arbitrary. Therefore, the order dated 21.07.2017 cannot be sustained in law. Hence, it is unnecessary to examine the other contentions urged by the learned Counsel appearing for the petitioners. They are kept open.
In view of the above, the notices inviting tenders at Annexures-H & J are set aside. The concerned respondents are at liberty to redo the tender process afresh in accordance with law.
Petition disposed of. Sd/- ACTING CHIEF JUSTICE
Sd/-
JUDGE
KSR