Karnataka High Court
WP/35814/2024 of M/S SANJAY MARKETING AND PUBLICITY SERVICES Vs STATE OF KARNATAKA on 31 December 2024
2024:KHC:53319 WP No. 35814 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35814 OF 2024 (GM-TEN) BETWEEN: M/S. SANJAY MARKETING AND PUBLICITY SERVICES A PROPRIETORSHIP CONCERN,
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ -WRIT PETITION NO. 35814 OF 2024 (GMTEN)
BETWEEN:
M/S. SANJAY MARKETING AND PUBLICITY
SERVICES A PROPRIETORSHIP CONCERN, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO. 131, 35TH CROSS, 15TH MAIN, 4TH T BLOCK, JAYANAGARA, BENGALURU - 560 041, REPRESENTED BY ITS PROPRIETOR REVANNA NAGARAJ.
…PETITIONER
(BY SRI. PAWAN KUMAR M.N, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
AMBEDKAR VEEDHI,
SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA - 560 001, REPRESENTED BY ITS CHIEF SECRETARY.
2. OFFICE OF THE COMMISSIONER OF POLICE, BANGALORE CITY POLICE, BANGALORE CITY POLICE, GOVERNMENT OF KARNATAKA, TRAFFIC AND TENDER INVITING AUTHORITY FOR
TRAFFIC TENDERS, TRAFFIC MANAGEMENT CENTRE, NO.5, INFANTRY ROAD, BENGALURU - 560 001, REPRESENTED BY ITS JOINT COMMISSIONER OF POLICE, TRAFFIC, BENGALURU CITY.
- 2 -
3. OFFICE OF THE DIRECTOR GENERAL OF POLICE, INSPECTOR GENERAL OFF POLICE, KARNATAKA STATE, BENGALURU - 560 001, REPRESENTED BY DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, BENGALURU. INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, BENGALURU.
4. JOSE KANNANCHIRA
S/O FRANCIS KA,
AGED ABOUT 60 YEARS, KANNANCHIRA HOUSE, CHAPPANTHOTTAM, KAVAKUMPARA, KOZHIKODE, KERALA - 673 513.
…RESPONDENTS
(BY SRI. MUHAMMAD SHAMIL, ADVOCATE FOR C/R)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH CLAUSE 3.2(f) OF TENDER NOTIFICATIONS AT ANNX-C1 TO C9 AS BEING ULTRA VIRES OF THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 1999 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
"(a) Issue a Writ in the nature of Certiorari and quash Clause 3.2(f) of Tender Notifications at quash Clause 3.2(f) of Tender Notifications at Annexure C1 to C9 as being ultra vires of The Karnataka Transparency in Public Procurement Act, 1999.
(b) Issue a Writ in the nature of Certiorari and quash the rejection of the bid of the Petitioner by Respondent No. 2 as indicated at Annexure - A. quash the rejection of the bid of the Petitioner by Respondent No. 2 as indicated at Annexure - A.
(c) Issue a Writ in the nature of Certiorari and quash the Order bearing No. CTRS-1/19/2024/25 dated 13.11.2024 passed by Respondent No.3 produced at Annexure - B. quash the Order bearing No. CTRS-1/19/2024/25 dated 13.11.2024 passed by Respondent No.3 produced at Annexure - B. (d) Issue a Writ in the nature of Certiorari and quash the acceptance of the bid of Respondent No. 3 by Order dated 08.10.2024 passed by Respondent No. 2. quash the acceptance of the bid of Respondent No. 3 by Order dated 08.10.2024 passed by Respondent No. 2. (e) Issue a Writ of mandamus directing the Respondent to accept bid, and issue tender work award to the Petitioner in the agreement at Annexure C1 to C9." Respondent to accept bid, and issue tender work award to the Petitioner in the agreement at Annexure C1 to C9."
2. The memo dated 31.12.2024 as been signed by the counsel for the petitioner which reads as under:- "The undersigned counsel seeks leave for this Hon'ble Court to withdraw the present writ petition with liberty to file fresh petitioner by adding necessary parites and making necessary changes to the pleading and prayer.
Wherefore, it is prayed that this Hon'ble Court may be pleased to take the present Memo on record and permit the petitioner to withdraw the present writ petition with liberty to file fresh petition by adding necessary parties and making necessary changes to the pleading and prayer, in the interest of justice and equity."
NC: 2024:KHC:53319
Relief
3. Accepting the said memo and submission of learned counsel for the petitioners, the petition is dismissed as withdrawn reserving liberty to the petitioner to file a fresh petition by adding all the concerned parties.
Sd/- (SURAJ GOVINDARAJ) JUDGE
VS List No.: 1 Sl No.: 62 CT: BHK