LAWS(KAR)-2018-3-585

SHIVAKUMAR HANUMANTHAPPA MARATHE AND ANOTHER Vs. MANAGING DIRECTOR, KRISHNA BHAGYA JALA NIGAM LIMITED, BENGALURU

Decided On March 09, 2018
Shivakumar Hanumanthappa Marathe And Another Appellant
V/S
Managing Director, Krishna Bhagya Jala Nigam Limited, Bengaluru Respondents

JUDGEMENT

(1.) By way of these petitions, framed and styled as "public interest litigation" (PIL), the petitioners, said to be the residents of Vijayapura and Kalaburagi Districts and being engaged in agriculture, seek to question the award of a construction contract to the respondent No.5 on the ground that the said respondent was not qualified as per the tender conditions.

(2.) It appears that prior to the present writ petitions, the petitioners had approached this Court on an earlier occasion by way of Writ Petition Nos. 4952-4953 of 2018, raising the same issues. However, on 002018, a Co-ordinate Bench of this Court permitted them to withdraw with liberty to approach the concerned statutory authorities with their grievance. Thereafter, the petitioners made a representation to the authorities concerned; and the basic grievance stated therein had been that respondent No.5 did not fulfill the qualification criteria. On behalf of the authorities concerned, a reply to the said notice was sent, inter alia, stating the process having been undertaken and then, finally the bids of 6 contractors having been recommended to the Tender Scrutiny Committee. It was also indicated that even the question raised by the petitioners as regards qualification of the respondent No.5 was duly considered by the Tender Scrutiny Committee; and that the allegations of the petitioners were entirely baseless.

(3.) By way of these petitions, it is yet again sought to be asserted that respondent No.5 does not fulfill the qualification criteria.