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2025 DAILYLAW 34000 (KAR)

M/S HIMAGIRI SREE ELECTRICALS v. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD

WP/27179/2024 · 2025-03-14

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:10613 WP No. 27179 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27179 OF 2024 (GM-TEN) BETWEEN: M/S. HIMAGIRI SREE ELECTRICALS, HAVING OFFICE AT NO.77, 3RD CROSS, VITTAL NAGAR, CHAMRAJPET, BENGALURU - 560 018, REPRESENTED BY ITS PROPRIETOR SRI. DR. SREEDHARA. …PETITIONER (BY SRI. AJAY KADKAL, ADVOCATE FOR SMT. PRIYANKA J. SREDHARA, ADVOCATE) AND: 1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 49, EAST WING, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001, REPRESENTED BY ITS EXECUTIVE ENGINEER. 2. THE CHIEF ENGINEER - 1, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 49, EAST WING, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R1 AND R2) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10613 WP No. 27179 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOTO SET ASIDE THE TENDER NOTIFICATION DATED 20-09-2024 AND TENDER NO. KIADB/2024-25/EL/WORK.INDENT159 IN THE KARNATAKA PUBLIC PROCUREMENT PORTAL ISSUED BY R2 ANNEXURE-A FOR WORK OF RECONDITIONING AND MAINTENANCE OF STREET LIGHTS AT HASSAN GROWTH CENTRE, SUB LAYOUTS, B. KATHIHALLI, HOLENARASIPURA, THIMMANAHALLI, TEXTILE AND PHARMA SEZ INDUSTRIAL AREAS OF HASSAN DISTRICT AND AMBLE INDUSTRIAL AREA OF CHIKKAMAGALURU DISTRICT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) To set aside the Tender Notification dated 20.09.2024 and Tender No.KIADB/2024- 25/EL/WORK_INDENT159 in the Karnataka Public Procurement Portal issued by Respondent No.2 ANNEXURE-A for work of reconditioning and maintenance of street lights at Hassan Growth Centre, Sub layouts, B. Kathihallim Holenarasipura, Thimmanahalli, Textile & Pharma SEZ Industrial Areas of Hassan District and Amble Industrial Area of Chikkamagaluru District; and b) To direct the Respondent No.1 & 2 to recall the Tender Notification in compliance with the provisions of KTPP Act, 2000 ensuring justice, fairness and equality of all the participants; and c) To direct the Respondent No.1 & 2 to draft a separate tender document for electrical works as a prime contractor in accordance with provisions of the KTPP Act, 2000; and - 3 - NC: 2025:KHC:10613 WP No. 27179 of 2024 d) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity." 2. Shri H.L. Pradeep Kumar, learned counsel representing the respondents has filed a memo appending to it a document which depicts that impugned tender has since been withdrawn or recalled, in that light, the petition is rendered infructuous. 3. The learned counsel appearing for the petitioner submits that they should not be precluded from participating in future tenders. It is understandable why such an apprehension is even generated by the petitioner. It is needless to observe that all rights of the petitioner would remain open. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 13