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NC: 2024:KHC:49141
WP No. 31258 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 31258 OF 2024 (GM-TEN)
BETWEEN:
OBJECT TECHNOLOGIES,
PARTNERSHIP FIRM,
REPRESENTED BY ITS MANAGING PARTNER,
MR. A. NAGARAJ,
O/A NO. 11/39A, 1ST FLOOR,
BULL TEMPLE ROAD, BASAVANAGUDI,
BANGALORE - 560 004.
…PETITIONER
(BY SRI. PRABHULING K. NAVADGI, SENIOR COUNSEL FOR
SMT. SANJEEVINI P. NAVADGI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
FINANCE DEPARTMENT, VIDHANA SOUDHA,
DR. AMBEDKAR VEEDI, BENGALURU - 560 001.
Digitally signed by B
K
MAHENDRAKU MAR
Location: HIGH
2. THE COMMISSIONER,
COURT OF
KARNATAKA
DEPARTMENT OF TREASURY,
KHANIJA BHAVANA, D. DEVARAJ URS ROAD,
BENGALURU - 560 001.
3. DEPARTMENT OF ANIMAL HUSBANDRY
AND FISHERIES, VIKAS SOUDHA,
DR. AMBEDKAR VEEDI,
BENGALURU - 560 001,
REPRESENTED BY PRINCIPAL SECRETARY.
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WP No. 31258 of 2024
4. THE COMMISSIONER,
DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARY SERVICE,
PASHU BHAVANA, HEBBALA,
HEBBALA, BENGALURU - 560 024.
…RESPONDENTS
(BY SMT. ANITHA N., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-DIRECT, DIRECTING THE
RESPONDENT NO.2 TO CONSIDER THE CASE OF THE PETITIONER
FOR RELEASE OF THE AMOUNT DUE UNDER THE CONTRACT
DATED 14.01.2016 AS ANNEXURE-F BETWEEN PETITIONER AND
R-3 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Heard Sri.Prabhuling K.Navadgi, learned Senior counsel
appearing for the petitioner and the learned AGA for
respondent-State.
2. Respondent No.3 issued a tender document dated
04.11.2015, inviting bids for the supply of D-category
employees to various Veterinary Clinics across the State to
perform day-to-day work.
3. The petitioner submitted its bid and was declared
the successful bidder. An agreement was entered into for the
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WP No. 31258 of 2024
supply of D-category employees until permanent recruitment
for the said posts was made. In terms of the agreement, the
petitioner asserts that it supplied the D-category employees
and accordingly submitted bills for the release of payment.
However, the petitioner’s claim has not been considered,
citing the requirement to furnish the letter of intent as per the
circular dated 01.08.2018.
4. A perusal of the circular dated 01.08.2018 reveals
that the procuring entities are mandatorily required to generate
a letter of intent in the e-procurement system and issue the
same to the selected bidder(s). Following the issuance of the
letter of intent, the e-procurement portal is to automatically
refund the EMDs of unsuccessful bidders in the tender.
However, the order also states that this requirement does not
apply to tenders that had already been invited. Therefore, the
refusal to consider the petitioner’s claim for the release of
payment towards the supply of D-category employees is
arbitrary and discriminatory.
5. Accordingly, the Writ Petition is allowed.
6. Respondent No.2 is directed to consider the
petitioner’s case for the release of the amount due under the
contract dated 14.01.2016 (Annexure-F), without reference to
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WP No. 31258 of 2024
and without insisting on the accompanying letter of intent as
per the Government Order dated 01.08.2018 (Annexure-G).
7. This exercise shall be completed within a period of
six weeks from the date of receipt of this order.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
GPG