KRISHNA TRADERS Vs. STATE OF KARNATAKALABIC

JUDGEMENT

(1.) The petitioner has filed the present writ petition for writ of certiorari to quash the order/notification dated 06.07.2018 passed by the second respondent in case No.JamNi/SaKaYi/Ko/Aahara/MoDe/CR/1/2017- 18 as per Annexure-A.

(2.) It is the case of the petitioner that the first respondent-State Government called for tenders inviting eligible candidates to participate in the bid held for purchase of District Level Food Items to the Boarding Schools and Hostels in the year 2015. In response to the said tender, the petitioner had quoted least price (L1). As such, he was successful in the bid and the tender was issued to the petitioner on 21.06.2016. On 22.06.2016, the second respondent has passed an order permitting the petitioner to supply food commodities to certain institutions as mentioned in the said order. On 03.08.2017, the Morarji Desai and Kittururani Chennamma Schools stopped giving the list of food commodities which are essential to their schools. Therefore, the petitioner made representation to the first respondent to take action against the said schools. Since the first respondent has not initiated any action against the said schools which were causing huge loss to the petitioner, the petitioner was constrained to file writ petition before this Court in W.P. No.53530/2017, which is pending adjudication.

(3.) In the meanwhile, the second respondent, without notice to the petitioner, passed an order dated 17.01.2018 and blacklisted the petitioner, which is the subject matter in W.P. No.9056/2018 filed before this Court. The said writ petition came to be allowed on 12.06.2018 by quashing the order passed by the second respondent. It is the further case of the petitioner that when this Court allowed the writ petition on 12.06.2018, reserved liberty to the second respondent to pass any order after issuing notice to the petitioner. In the meanwhile, the second respondent by the impugned order dated 06.07.2018 entrusted the contract of supply of food materials to the seventh respondent-The Karnataka State Cooperative Consumer Federation Limited, without inviting any fresh tender for supply of food materials. The petitioner has lost an opportunity to participate in the tender process and it has affected his right to life and has also caused pecuniary loss. Therefore, the petitioner is before this Court for the relief sought for.