Sri Riyaz Ahamed vs. State Of Karnataka
Facts
The petitioners, Sri. Riyaz Ahamed and Sri. K.R. Manjunath, are lorry owners. They are aggrieved by certain tender conditions issued by the Zilla Panchayat, Tumakuru, for the transportation of food items to schools. Specifically, Clause 10 of the tender document dated 23.06.2021 mandates that the lorries must be of 2015 model or later. The petitioners note that in a previous tender in 2019, lorries of 2004 models and later were permitted. Their other grievances include the inclusion of GST and the requirement for an experience certificate. The petitioners submitted a representation dated 12.07.2021 regarding these concerns.
Held
The Court did not delve into the merits of the tender conditions regarding the model year of the lorries, the inclusion of GST, or the experience certificate. Instead, the Court noted that the petitioners had submitted a representation dated 12.07.2021. The learned advocate for the petitioners stated that they would be satisfied if their representations were considered in the pre-bid meeting. Consequently, the Court disposed of the writ petition with a direction to the Tender Finalizing Authorities to consider the representation dated 12.07.2021 in the pre-bid meeting scheduled for 31.07.2021, in accordance with law, and take further action. No specific finding was given on the arbitrariness of the tender conditions or the inclusion of GST.
Key Issues
1. Whether the condition prescribing lorries of 2015 model and later is arbitrary and unreasonable, considering the previous tender allowed 2004 models and later? (Question of fact and law). The petitioners argued that the stricter condition is arbitrary, especially when compared to the 2019 tender. They also raised concerns about the inclusion of GST and the experience certificate requirement. The respondents, represented by the learned AGA, contended that the tender is for the supply of food items, necessitating vehicles in good condition, and the 2015 model requirement is based on past experience.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.13633/2021 (GM-TEN)
BETWEEN:
SRI. RIYAZ AHAMED, S/O NAWAB JOHN, AGED ABOUT 52 YEARS, K H B COLONY, GUBBI, TUMAKURU DISTRICT – 572 216. 2. SRI.K.R.MANJUNATH,
S/O LATE K.N.RAJASHEKHARAIAH,
AGED ABOUT 54 YEARS,
#1368, 9TH MAIN ROAD,
SHADAKSHRI MUTT EXTENSION,
TIPTUR, TUMKUR – 572 201. ... PETITIONERS
(BY SMT.SARITHA A.L., FOR SRI.SRINIVASA S.B., ADVOCATES)
AND:
STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, BENGALURU - 560 001. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, TUMAKURU – 572 102. 2
THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTION, (MID-DAY MEALS SCHEME, STATE OF KARNATAKA), NRUPATHUNGA ROAD, BANGALORE – 560 001. 4. THE JOINT DIRECTOR, MID-DAY MEALS SCHEME, STATE OF KARNATAKA, K.G.ROAD, NEAR MYSORE BANK CIRCLE, BANGALORE – 560 009. …RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA FOR R1, 3, 4)
THIS WRIT PETITION
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