REITZ INDIA LIMITED Vs. THE APPELLATE AUTHORITY AND ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA, ENERGY DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 17.4.2015 impugned at Annexure -A to the petition only in so far as part of the order whereby the Appellate Authority has rejected the request of the petitioner for opening the financial bid. The petitioner is also seeking for issue of mandamus directing the respondents 2 and 3 to consider the financial bid of the petitioner submitted in response to the request for proposal dated 19.6.2014.

(2.) THE petitioner had approached the respondents with regard to development of the 35 MW Solar Thermal and Solar PV Power Plants in the State of Karnataka. The petitioner at the first point had approached this Court, since the petitioner was not in a position to upload its bids under e -procurement process due to certain technical defects. This Court by the interim order in W.P. No. 40587/2014 had permitted the petitioner to file the response of the petitioner in physical form. Subsequently, the said petition has been disposed of as the relief therein did not remain for consideration.

(3.) RESPONDENT Nos. 2 and 3 have filed statement of objections pointing out therein that the petition does not arise for consideration at this juncture. Firstly, it is indicated therein that the consideration of the technical bid of the petitioner at this stage would not arise. Secondly, it is also pointed out that the petitioner has received back the deposit amount and the bank guarantee which had been furnished at the first point along with the tender documents and in that view the consideration of the case of the petitioner in any event does not arise as they have withdrawn from the process. The correspondence relating to the return of the security deposit and bank guarantee is relied upon at Annexures R3 to R5. In that view, the respondents contend that the case of the petition is not liable to be considered.