SRI. GURUSWAMY v. STATE OF KARNATAKA

SRI. GURUSWAMY KARNATAKA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD, BENGALURU, BRANCH . SECTOR NO. 25 BASAVESHWAR BANK BACKSIDE, NAVANAGAR, BAGALKOTE, REPRESENTED BY MANAGER KSCCF, BENGALURU, BRANCH BAGALKOTE SRI. ASHOK S/O MAHANTAPPA KOTRANNAVAR, AGED ABOUT 59 YEARS, MANAGER KSCCF, BENGALURU, BRANCH BAGALKOTE. (BY SRI. S C BHUTI., ADVOCATE) AND: …PETITIONER YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR

#1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, M.S. BUILDING, BENGALURU-560001.

#2. DEPUTY COMMISSIONER AND MEMBER SECRETARY, DISTRICT LEVEL FOOD GRAINS PURCHASE COMMITTEE, BAGALKOTE, DIST: BAGALKOT-587101.

#3. DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT, BAGALKOTE DIST. BAGALKOTE-587101. (BY SRI. BHOJEGOWDA T.KOLLER, AGA) …RESPONDENTS - 2 - NC: 2024:KHC-D:482 WP No. 107492 of 2023 TENDER/CR-2023-24 DATED. THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED TENDER NOTIFICATION ISSUED BY THE 3RD RESPONDENT BEARING TENDER REFERENCE NO. AND DATE. NO. SAKANI/LEKKA/AAHAR 27-11-2023 VIDE PADARTHA ANNEXURE-A IN SO FAR AS PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND TO DIRECT THE RESPONDENT TO CONTINUE THE PETITIONER AS PER THE EARLIER TENDER NOTIFICATION FOR SUPPLY OF FOOD MATERIALS AS PER THE ORDER PASSED BY THE 2ND RESPONDENT ON 30-11-2022 FOR A FURTHER PERIOD OF ONE YEAR OR TILL NEXT DATE OF ORDER IN VIEW OF ORDER PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

#1. Petitioner is before this court seeking for the ORDER following reliefs, (a) Quash the impugned Tender Notification issued by the 3rd respondent bearing Tender Reference No. .. Pardartha No.Sakani/Lekka/Aahar Tender/CR-2023-24 dated: 27.11.2023 vide Annexures ‘A’ in so far as petitioner is concerned in the interest of justice and equity. and date: (b) direct the respondents to continue the the earlier Tender petitioner as per notification for supply of food materials as per the order passed by the 2nd respondent on 30.11.2022 for a further period of one year or till next date of order in view of order passed by the 1st respondent vide Annexure-D in the interest of justice and equity. - 3 - NC: 2024:KHC-D:482 WP No. 107492 of 2023 (c) Pass such order or orders which this Hon’ble Court deems fit and necessary under the facts and circumstances of the case.

#2. The petitioner being the L1 bidder for Bagalkote and Badami taluk to supply of food and other materials to Pre-Metric, Post-Metric hostels/Bharat Ratna Ambedkar Residential Schools, coming under the Social Welfare Department had been awarded the work order on 01.12.2022 for a period of one year. Respondent No.3 issued a tender notification on

29.11.2023 at Annexure-A. Aggrieved by which, the petitioner is before this Court contending that the said notification could not have been issued in view of the guidelines issued on 28.07.2023 requiring a fresh tender to be called for every two years. The period of two years not having elapsed from

01.12.2023, the issuance of the tender notification on 27.11.2023 is premature is the contention of the learned counsel for the petitioner. - 4 - NC: 2024:KHC-D:482 WP No. 107492 of 2023

#3. A perusal of the guidelines dated 28.07.2023, would indicate that from the year 2023-24 the term of the tender ought to be two years and that the tender notification has to be issued in the month of January every year. These being guidelines which have been formulated by the Social Welfare Department for better administration of all tenders relating to the supply of food grains and other commodities to the agencies coming under the purview of the Social Welfare Department. The said guidelines in my considered opinion would have to be given due precedence and merely because, the work order issued in favor of the petitioner was for a period of one year prior to the issuance of the guidelines would not entitled respondent No.3 to issue a fresh tender notification. The petitioner would be entitled to the benefit of the guidelines dated 28.07.2023 and the tender issued in favor of the petitioner would have to be enforced for period of two years and the next - 5 - NC: 2024:KHC-D:482 WP No. 107492 of 2023 tender to be called for and be effective from January-

#2025. Hence, I pass the following; ORDER i. Writ Petition is allowed. ii. The tender notification issued by the 3rd respondent bearing No.Sakani/Lekka/Aahar Pardartha Tender/CR-2023-24 dated:

27.11.2023, vide Annexure-A is hereby quashed. Respondents are directed adhere to the guidelines dated 28.07.2023 issued by the Social Welfare Department. Sd/- JUDGE AM List No.: 1 Sl No.: 40