H.N.PRUTHVINARAYAN Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner is before this Court calling in question an e- tender notification dtd. 10/1/2023, issued by the second respondent - the Divisional Controller of the Hassan Division at Hassan ('hereinafter referred to as 'the Corporation' for short).

(2.) Heard Smt. Lakshmy Iyengar, learned senior counsel appearing for the petitioner and Sri P.D.Surana, learned counsel appearing for the caveator - respondent No.1.

(3.) Facts in brief, germane are as follows: To consider the case of the petitioner as projected in the subject petition, it is germane to take a little walk in history. The petitioner is chosen as a lessee to maintain and develop commercial space of newly built Hassan Bus Stand including parking and hoardings of advertisements for a period of 12 years on licence fee of Rs.95,00,000.00 per year with an increase of 5% every year. The agreement between the two is termed as a concession agreement. The agreement comes to be registered on 1/2/2011, to be in operation from 6/9/2010. In terms of the agreement, the respondent/Karnataka State Road Transportation Corporation ('the Corporation' for short) appears to have assured the petitioner to reduce the burden of huge licence fee, by taking up construction of new bus terminal from where all buses would ply in Hassan and the old bus terminal would be closed and used as a depot by the Corporation; 75% of bus trips would be at the minimum from the new bus terminal. The allegation against the Corporation is that, from the beginning of the contract till this day, the Corporation has never fulfilled the aforesaid assurances made in the contract and the old bus stand continues to be in operation. Therefore, the petitioner claims to have suffered huge losses, as buses were divided between old bus terminal and the new bus terminal. Correspondences were made by the petitioner highlighting these problems and taking exception to the act of the Corporation in going back on its assurances.