KRISHNAPPA NIGAPPA BARKI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the petitioner.

(2.) This petition is based on the Tender Notification dated 22nd December 2016 which was published in the Official Gazette on 29th December 2016 in terms of Rule 31-R of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'the said Rules of 1994'). The notification was for disposal of 17 sand blocks by way of e-Tender-cum-Auction Sale process.

(3.) The petitioner submitted a bid in 'Handicapped Quota'. In the meeting held on 10th August 2017, the fourth respondent rejected the highest price bid offer submitted by the petitioner. Accordingly, an order of rejection was issued by the fifth respondent. It is stated that a writ petition was filed by the petitioner being W.P.No.30012/2018 on 12th July 2018 for quashing the order of rejection dated 13th November 2017. It is stated by the petitioner that the said petition was wrongly filed before the learned Single Judge. Therefore, a memo of withdrawal of the petition was filed and thereafter, the present petition is filed on 6th January 2020. The first challenge in this petition filed under Article 226 of the Constitution of India is to the decision taken in the meeting dated 10th August 2017 of the Bellary District Sand Monitoring Committee rejecting the highest final price bid offer submitted by the petitioner. The second challenge is to the communication issued by the fifth respondent on 13th November 2017 by which, the representation made by the petitioner was rejected. Subsequently, the petition was amended and the amended petition has been filed on 29th June 2020.