APPASAB Vs. DEPUTY COMMISSIONER, BELAGAVI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for respondent No. 3 and learned AGA for respondents No. 1 and 2.

(2.) The prayer sought in this petition is to issue a writ in the nature of certiorari or any other writ order or direction quashing the notification dtd. 6/3/2024 issued by the 2nd respondent and 3rd respondent vide Annexure-G bearing No.KAR.SUM/PU.SA.HA/KUM.VI/VIVA/ 2023-24 and issue a writ in mandamus or any other appropriate writ order or direction that the respondents shall take the request of proposal dtd. 17/2/2024 bearing No.KAR.SUM/PU.SA.HA/KUM.VI/VIVA/2023-24 at Annexure-A and such other relief as may be deemed fit.

(3.) The main contention of the petitioner before this Court is that the Municipal Office of Harugeri issued a tender notification on 17/2/2024 informing the public of Harugeri Municipality will provide the weekly and daily fee collection for use of public places and public toilet fee collection through tender. The bidders in the tender agree to be bound by the terms of the tender and those who wish to participate in the tender must submit a Nationalized Bank DD in the name of the Chief Officer Municipal, Harugeri by 29/2/2024 before 4.00 pm. It is also the case of the petitioner that he deposited money through a Nationalized Bank DD of Rs.1,00,000.00 on 27/2/2024 in the name of respondent No. 3 in regarding the tender of collection of daily fee and weekly fee from traders who do business while sitting in public places within Harugeri Municipality town area. The petitioner submits that he had given representation on 2/3/2024 to respondents No. 2 and 3 in regarding to the sanctioning of the tender request that the public auction for collection of daily fee and monthly fee for sitting business transactions in public places. As he bid the highest for a sum of Rs.9,65,000.00 and he is unemployed and belonging to Scheduled Caste of a poor family. This being the fact, respondent No. 3 again issued same fresh tender on 6/3/2024 fixing the last date as 12/3/2024 at 12.00 pm. without even communicating to the petitioner. Hence, the present petition is filed before this Court.