M/S. KARNATAKA AGRO AGENCY KUDARI SALAWADAGI TQ. BASAVAN RAGEWATI; DIST. VIJAYAPUR Vs. THE STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT BENGALURU

JUDGEMENT

(1.) The petitioner is before this Court aggrieved by the order of respondent No. 1 - The Secretary', Social Welfare Department whereby the Tender applications of the petitioner and respondent Nos. 4 and 5 were rejected by respondent No.2 - The Tender Accepting Authority and the matter was remanded back to respondent No. 1 for fresh examination and to undertake action as per the law, within fifteen days.

(2.) Briefly stated the respondent No.3 called for drilling of borewells under the scheme of 'Ganga Kalyan' in Vijayapur district, the petitioner and respondent Nos. 4 to 6 responded with their application. Amongst others, one of the condition stipulated in Tender Notification/Annexure-A is,

(3.) Sri Sachin M. Mahajan, learned counsel for the petitioner submits, Tender application of the petitioner was rejected on the ground that he was unable to achieve the minimum financial turnover, as required in Clause 2(a) of Annexure-A. The Tender process insofar as respondent Nos.4 and 5 are concerned, the same was cancelled because they did not possess requisite qualification. On rejection of the Tender Application respondent Nos.4 and 5 filed appeal before respondent No. 1. The petitioner filed his objections to the said appeal stating that respondent No.4 is not having one set of GPS Equipment for each rig as required under 3 (a) (iii) of Annexure-A and respondent No. 5 had applied in six districts, though there was prohibition to that effect at Clause No.3(b) of Annexure-A. The objections raised by the petitioner were found to have merit and disqualified the Tender of respondent Nos. 4 and 5 so also of the petitioner. Respondent Nos. 4 and 5 filed an appeal before respondent No. 1/Secretary to Government, Social Welfare Department. Considering their grievance, respondent No. 1 passed order Annexure-G. Relevant lines from the operative portion of the order read thus: