Cause title — parties, addresses and appearances
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NC: 2024:KHC:33653
WP No. 14389 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 14389 OF 2024 (GM-TEN)
BETWEEN:
1.
M/S VEERABHADRESHWARA TRADERS
CHAMRAJPET NEAR CANARA SYNDICATE BANK,
SORABA, SHIVAMOGGA DISTRICT - 577429
REPRESENTED BY ITS PROPRIETOR
MR DHARMAPPA R S/O SRI RAMAPPA,
AGED ABOUT 45 YEARS
FIRM REGISTERED UNDER VAT / GST ACT.
2.
M/S SREE SAI TRADERS BELUR,
BELEYUR POST, SAGAR TALUK
SHIVAMOGGA DISTRICT-577401
REPRESENTED BY ITS PROPRIETOR
SMT ASHWINI B N, W/O MR RAJASHEKAR H B
AGE ABOUT 39 YEARS,
FIRM REGISTERED UNDER VAT/GST ACT.
3.
M/S SHRI VEERABHADRESHWAR AGENCY
INAMDYAMANAKOPPA, REP BY ITS PROPRIETOR
SRI GADIGAYYA V HIREMATH,
AGED ABOUT 50 YEARS, BELAGALPETH,
HANGAL TALUK, HAVERI DISTRICT - 581 199,
FIRM REGISTERED UNDER VAT / GST ACT.
4.
M/S KAPIL ENTERPRISES
REP BY ITS PROPRIETOR
SMT VEENA G S (SHARANAPPA VEENA GANGAJJA)
AGED ABOUT 40 YEARS
SURADDI HALLI, JAGALUR TALUK
DAVANGERE DISTRICT - 577 528
FIRM REGISTERED UNDER VAT/GST ACT.
…PETITIONERS
(BY SRI. IRISHAD AHMED B M.,ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH
COURT OF
KARNATAKA
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NC: 2024:KHC:33653
WP No. 14389 of 2024
AND:
1.
THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
DEPARTMENT OF BACKWARD CLASSES WELFARE
DEPARTMENT, VIKAS SOUDHA
BENGALURU - 560001.
2.
THE DEPUTY COMMISSIONER AND THE CHAIRMAN
DISTRICT LEVEL FOOD ITEMS PURCHASE COMMITTEE
CHITRADURGA - 577501.
3.
THE MEMBER SECRETARY
DISTRICT LEVEL FOOD ITEMS PURCHASE COMMITTEE
AND DISTRICT OFFICER
BACKWARD CLASSES WELFARE DEPARTMENT
CHITRADURGA - 577501.
4.
M/S SHRI SHIRADI SAI PROVISION STORES
REP BY ITS PROPRIETOR MR SANTHOSH S
AGED ABOUT 50 YEARS,
R/AT 5TH WARD, 4TH CROS,
BRAMHA KUMARI ROAD
PRASHANTHNAGAR, CHIKABALLAPUR-562 101.
…RESPONDENTS
(BY SRI. HARISH K S, GOVERNMENT ADVOCATE FOR R1;
SRI. B RAVINDRA PRASAD, ADVOCATE FOR R4)
THIS
WP
IS
FILED
UNDER
ARTICLE
226
OF
CONSTITUTION
OF
INDIA
PRAYING
TO
QUASH
THE
IMPUGNED
ORDER
DATED
31/05/2024
BEARING
NO.
HIMVAKAE.VNE/AAHAARATENDER/CR-52/2003-24,
PASSED
BY THE R2 VIDE ANNEXURE-A.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM:
HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
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NC: 2024:KHC:33653
WP No. 14389 of 2024
ORAL ORDER
The petitioners challenge the order dated 31.5.2024 passed by respondent No. 2, by which the work order issued to the petitioners was canceled, and respondent No. 4 was entrusted with the work order to supply food materials until the issuance of a fresh tender notification.
2.This Court, by order dated 4.6.2024, granted an interim stay on the operation of the impugned order, and the same remains in effect as of today.
3.The learned Government Advocate has filed an affidavit from the concerned officer, stating that the petitioners continue to supply food materials pursuant to the interim order granted by this Court. He further submits that a fresh tender notification was published on 26.7.2024, inviting bids for the supply of food materials.
4.Therefore, it is expedient to dispose of the petition by permitting the petitioners to continue supplying food materials until the completion of the tender process. Should there be any violation in the supply of food materials, the respondent authorities are at liberty to take appropriate action in accordance with the law. (HEMANT CHANDANGOUDAR) JUDGE
BKM
