(1.) The petitioner-M/s. Sri Manjunatha Borewells has filed this writ petition in this Court on 31-1-2018 with the following prayers:
(2.) The main grievance raised in the present writ petition against the order passed by the Appellate Authority namely, the Additional Chief Secretary to the Government, Social Welfare Department, vide Annexure-A, dated 24-1-2018, which had allowed the appeal of the 5th respondent-M/s. GEO Consultancy Services and competitor in the bidding process for digging of the Borewells in Chickballapur District and while allowing the said appeal by the said Appellate Authority under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999, inter alia, the Authority stated that the technical bid of the present petitioner was not in accordance with the Tender Notification dated 23-8-2017 and even though it was a small mistake, it was clear that the conditions of the Tender were violated. The operative portion of the said order is quoted below for ready reference:
(3.) The learned Senior Counsel for the petitioner-Mr. D.N. Nanjunda Reddy has submitted that the present petitioner was not even impleaded by the 5th respondent in the said appeal, by which he only challenged the technical bids given in pursuance of the said Tender Notice and while challenging the technical bid of the present petitioner-M/s. Manjunatha Borewells, it was incumbent upon the appellant-M/s. GEO Consultants Services to implead the present petitioner also equally necessary and it was for the Appellate Authority to serve the notice of the said appeal upon the present petitioner and thereafter, giving an opportunity of hearing to the parties concerned, such an appeal could have been decided.