BharatTaxGST

M/S. Sri Sai Traders vs. The State Of Karnataka

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WP/12511/2024HC KarnatakaGSTCNR KAHC01026594202419 July 2024Bench: S.R.KRISHNA KUMAR13 pages
For Petitioner: SRI. IRISHAD AHMED B M, ADVOCATEFor Respondent: SRI. K S HARISH, AGA

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Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC:28201 WP No. 12511 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12511 OF 2024 (GM-TEN) BETWEEN: 1. M/S. SRI SAI TRADERS BELU, BELEYUR POST SAGAR TALUK SHIVAMOGGA DISTRICT 577401 REPRESENTED BYITS PROPRIETOR SMT. ASHWINI BN W/O MR. RAJASHEKAR H B AGE 39 YEARS FIRM REGISTERED UNDER VAT/GST ACT 2. M/S VEERABHADRESHWARA TRADERS CHAMRAJPET, NEAR CANARA - SYNDICATE BANK SORABA, SHIVAMOGGA DISTRICT 577 429 REPRESENTED BY ITS PROPRIETOR MR. DHARMAPPA R S/O SRI. RAMAPPA AGED ABOUT 44 YEARS FIRM REGISTERED UNDER VAG/GST ACT 3. M/S RENUKAMBA TRADERS REPRESENTED BY ITS PROPRIETOR SHRI. PARMESHWARA H B AGE 58 YEARS R/AT JENUKALLAMMA NILAYA KODAGU THIMMAPPA LAYOT SAGAR, SHIVAMOGGA DISTRICT 577401 FIRM REGISTERED UNDER VAT/GST ACT …PETITIONERS (BY SRI. IRISHAD AHMED B M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY BACKWARD CLASSES WELFARE DEPARTMENT Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:28201 WP No. 12511 of 2024 M S BUILDING, BANGALROE - 560 001. 2. THE COMMISSIONER BACKWARD CLASSES WELFARE DEPARTMENT 3RD FLOOR, DEVARAJ ARASU BHAVAN VASANTHNAGAR BENGALURU 560 001 3. THE DEPUTY COMMISSIONER BALLARI DISTRICT BALLARI 583101 4. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI 590 001 5. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA VILALGE DEVANAHALLI TLAUK 562 110 6. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K G ROAD, BENGALURU 560 009 7. THE DEPUTY COMMISSIONER BAGALKOTE DISTRICT BAGALAKOTE 587103 8. THE DEPUTY COMMISSIONER BIDAR DISTRICT NANDI COLONY BIDAR 585401 9. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA 571401 10. THE DEPUTY COMMISSIONER DHARWAD DISTRICT DHARWAD 580 001 11. THE DEPUTY COMMISSIONER - 3 - NC: 2024:KHC:28201 WP No. 12511 of 2024 DAKSHINA KANNADA DISTRICT BUNDER MANGALORE 575 001 12. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE 577 006 13. THE DEPUTY COMMISSIONER HAVERI DISTRICT DEVAGIRI HAVERI 581 110 14. THE DEPUTY COMMISSIONER KALABURAGI DISTRICT KALABURAGI 585102 15. THE DEPUTY COMMISSIONER KODAGU DISTRICT MADAKERI 571 201 16. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR 563 103 17. THE DEPUTY COMMISSIONER KOPPALA DISTRICT DIVATOR, KOPPALA 583238 18. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA 571401 19. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT VIJAYA NAGARA RAMANAGARA 562 159 20. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA 577201 21. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU 572 101 22. THE DEPUTY COMMISSIONER - 4 - NC: 2024:KHC:28201 WP No. 12511 of 2024 UDUPI DISTRICT MANIPAL UDUPI 576104 23. THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT KARWAR 581301 24. THE DEPUTY COMMISSIONER VIJAYA NAGARA DISTRICT HOSAPETE 583225 25. THE DEPUTY COMMISSIONER VIJAYAPURA DISTRICT VIJAYAPRUA 586101 26. THE DEPUTY COMMISSIONER YADGIRI DISTRICT MUDNAL 585202 27. THE DISTRICT OFFICER BACWARD CLASSES WELFARE DEPARTMENT BALLARI 583101 28. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT BELAGAVI 590 001 29. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT BEERASANDRA VILLAGE DEVANAHALLI TALUK 562110 30. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT VISHWESHWARAIAH TOWER DR B R AMBEDKAR VEEDHI, BENGALURU 560 009 31. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT BAGALKOTE 587103 32. THE DISTRICT OFFICER - 5 - NC: 2024:KHC:28201 WP No. 12511 of 2024 BACKWARD CLASSES WELFARE DEPARTMENT BIDAR 585 401 33. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT CHITRADURGA 581401 34. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT DHARWAD 580 001 35. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT MANGALORE 575001 36. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT DAVANAGERE 577 006 37. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT HAVERI 581 110 38. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT KALABURAGI 585102 39. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT MADAKERI 571201 40. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT KOLAR 563 103 41. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT KOPPALA 583238 42. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT MANDYA 571401 43. THE DISTRICT OFFICER - 6 - NC: 2024:KHC:28201 WP No. 12511 of 2024 BACKWARD CLASSES WELFARE DEPARTMENT RAMANAGARA 562159 44. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT SHIVAMOGGA 577201 45. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT TUMAKURU 572 201 46. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT UDUPI 576104 47. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT KARWAR - 581 301 48. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT HOSAPETE 583225 49. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT VIJAYAPURA 586101 50. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT MUDNAL 585 202 …RESPONDENTS (BY SRI. K S HARISH, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, QUASHING THE IMPUGNED ORDER DATED 22.01.2024, BEARING NO. BCW 499 BMS 2023, PASSED BY THE R-1 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 7 - NC: 2024:KHC:28201 WP No. 12511 of 2024

ORDER In this petition, the petitioners seek the following reliefs:

“1. To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 22.01.2024, bearing No.BCW 499 BMS 2023, passed by the 1st respondent vide Annexure-A, in so far as Petitioner is concerned, in the interest of justice and equity.

2.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 14.03.2024, bearing No.HimVaKaE /Ba/Aa.Saa.Sa.Tender/ CR-01/2022-23, passed by the 27th respondent vide Annexure-H, in so far as Petitioner are concerned, in the interest of justice and equity.

3.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 11.03.2024, bearing No.DOBCWDBGM/FOODT/CR-04/2024-25, issued by the , passed by the 28th respondent vide Annexure-J, in so far as Petitioner are concerned, in the interest of justice and equity.

4.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 15.03.2024, bearing No.DBC/BenGra/AahaaraTender/CR- 01/2022-23 issued by the , passed by the 29th respondent vide Annexure-K, in so far as Petitioner are concerned, in the interest of justice and equity.

5.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 11.03.2024, bearing No. DBC/BenNa/VaNisha/CR-38/2022- NC: 2024:KHC:28201 23 , issued by the , passed by the 30th respondent vide Annexure-L, in so far as Petitioner are concerned, in the interest of justice and equity.

6.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 16.03.2024, bearing No.JiHimVakaEBaa/Lekha/C.R-/2023- 24 issued by the , passed by the 31st respondent vide Annexure-M, in so far as Petitioner are concerned, in the interest of justice and equity.

7.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 14.03.2024, bearing No. HimVaKaE/Aadalitha/Tender/CR— 07/2023-24 issued by the 32nd , vide Annexure-N, in so far as Petitioner are concerned, in the interest of justice and equity.

8.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 06.03.2024, bearing No .Him.Va.Ka.E/V.Ni/AaPaSaTender/ CR-52/2023-24 issued by the , passed by the 33rd respondent vide Annexure-O, in so far as Petitioner are concerned, in the interest of justice and equity.

9.

To issue a Writ or order or direction in the nature of certiorari quashing the impugned order dated: 15.03.2024, bearing No. HimVaKaEDha/AahaaraTender/ CR-08/2024-25 issued by the , passed by the 34th respondent vide Annexure-P, in so far as Petitioner are concerned, in the interest of justice and equity. NC: 2024:KHC:28201

10.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 14.03.2024, quash No HinakaE/VNIB/CR-44/2023-24 respondent vide Annexure-Q, in so far as Petitioners are concerned, in the interest of justice and equity.

11.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 14.03.2024, bearing No. HimVaKaE/Daa/ViNi/ AahaaraTender/ CR166/2023 24 issued by the 36th respondent vide Annexure-R, in so far as Petitioners are concerned, in the interest of justice and equity.

12.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 15.03.2024, bearing No.DBCHaa/ViNi/AahaaraTender/CR- 50/2023-24 issued by the 37th respondent vide Annexure-S, in so far as Petitioners are concerned, in the interest of justice and equity.

13.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 14.03.2024, bearing No. HimVaKaE/Gu/Aahaara/Tender- 2023-24 issued by the 38th respondent vide Annexure-T, in so far as Petitioners are concerned, in the interest of justice and equity.

14.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 13.03.2024, bearing No. HimVaKaE/Aahaara Tender/CR- 42/2023-24issued by the 39th respondent vide Annexure-U, in so far as Petitioners are concerned, in the interest of justice and equity. NC: 2024:KHC:28201

15.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 14.03.2024, bearing No.DBCD/VaNiSha/C.R-56/2023-24 issued by the 40th respondent vide Annexure-V, in so far as Petitioners are concerned, in the interest of justice and equity.

16.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 15.03.2024, bearing No.HimVaKaEKo/Aa.Dha.Tender/CR- 30/2024-25 issued by the 41st respondent vide Annexure-W, in so far as Petitioners are concerned, in the interest of justice and equity.

17.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 13.03.2024, bearing No. BCWD- 4/ViNiSha/AahaaraSarabaraju/ C.R-4/2023-24 issued by the 42nd respondent vide Annexure-X, in so far as Petitioners are concerned, in the interest of justice and equity.

18.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 13.03.2024, bearing No.HimVaKaE/Ra.Ji/Aa.Tem/CR- 34/2023-24 issued by the 43rd respondent vide Annexure-Y, in so far as Petitioners are concerned, in the interest of justice and equity.

19.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 15.03.2024, bearing No.B.Him. Va.Ka./A-6/Tender23-24/CR- 38/2022-23 issued by the 44th respondent vide Annexure-Z, NC: 2024:KHC:28201 in so far as Petitioners are concerned, in the interest of justice and equity.

20.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 15.03.2024, bearing No. BCW-6/Aa.Tender/CR-09/2023-24 issued by the 45th respondent vide Annexure-AA, in so far as Petitioners are concerned, in the interest of justice and equity.

21.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 04.03.2024, bearing No. HimVaKaE/ViNi/CR62/2023-24 issued by the 46th respondent vide Annexure-AB, in so far as Petitioners are concerned, in the interest of justice and equity.

22.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 15.03.2024, bearing No.NIL, issued by the 47th respondent vide Annexure-AC, in so far as Petitioners are concerned, in the interest of justice and equity.

23.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 15.03.2024,bearing No. B.HiMVaKaE/Aahaara Tender/CR- 1/2022-23 issued by the 48th respondent vide Annexure-AD, in so far as Petitioners are concerned, in the interest of justice and equity.

24.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated bearing No.HimVaKaE/VaNiSha/Aa. Saa/E-Tender/CR- NC: 2024:KHC:28201 01/2023-24 issued by the 49th respondent vide Annexure- AE, in so far as Petitioners are concerned, in the interest of justice and equity. 15.03.2024,

25.

To issue a writ or order or direction in the nature of certiorari quashing the impugned tender notification dated 14.03.2024, bearing No.JiHimVaKaEya/Lekka/Aahaara Tender/CR-/2023-24 issued by the 50th respondent vide Annexure-AF, in so far as Petitioners are concerned, in the interest of justice and equity.

26.

To issue a writ or order or direction in the nature of mandamus directing the respondents to invite tenders on Taluk wise for one year period, in the interest of justice and equity.

27.

GRANT such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case.”

2.

Heard learned counsel for the petitioners and learned AGA for the respondents and perused the material on record.

3.

Learned AGA submits that the impugned subject tender has been withdrawn by the respondents.

4.

In view of the aforesaid facts and circumstances, nothing further survives in the present petition. Accordingly, the writ petition stands disposed of reserving liberty in favour of the respondents to call for a fresh tender. Further, liberty is also NC: 2024:KHC:28201 reserved in favour of the petitioners to take recourse to such remedies as available in law. (S.R.KRISHNA KUMAR) JUDGE

BMC List No.: 1 Sl No.: 52

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.