ATALANTA PUMPS PVT. LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in the present writ petition sought for writ of certiorari to quash the modified tender notification at Annexure-N bearing No.ADCL/TND/2019-20 dated 05.11.2019, consequently to continue the scheme project notified at Annexure-K and issue appropriate writ direct the respondent/state to continue the scheme providing 15% price preference subsidies extended to MSE Registered Small Scale Industries Units in the State of Karnataka.

(2.) It is further case of the petitioners that the Government of Karnataka in order to implement various Socio Economic Beneficial Schemes to the Backward Community as well as other down trodden community in rural areas to install and supply of water for irrigation under 'Ganga Kalyana Scheme' proposed to dig a bore-well in a place where the large community persons of one class are residing. The purpose and object is for irrigation to small holders of Agricultural Land. The Department of Social Welfare through the Corporation by Dr. B.R.Ambedkar Development Corporation Ltd., invited tenders for supply, installation and electrification of irrigation submersible pump-sets with accessories suitable for bore-wells in various locations Districts in the State of Karnataka. The Policy of the Government for implementation of the schemes to the needy rural areas for the upliftment of backward class, Socially Economically and simultaneous to support the Small Scale Enterprises/Small Scale Industries. The petitioners industries also recognized by the concerned authorities issued SSI Certificate and also followed by the petitioner registered before the Government of India and obtain GST Certificates and certificates issued by Ministry of Micro, Small and Medium Enterprises and also issued certificate of Udyoga Aadhar Memorandum and they have obtained certain certificates.

(3.) It is further case of the petitioners that the Government of Karnataka through Dr. B.R.Ambedkar Development Corporation Limited invited tenders for supply, installation and electrification of irrigation submersible pump- sets with accessories under 'Ganga Kalyana Scheme' for the year 2018-19 followed by notification Annexure-K and second notification at Annexure-K1, the total package District-wise is 52, as per Annexure-L. The petitioners made all preparation to participate in the tender invitation, the prevailing rules during that time as per Government Order issued bearing No.219 SDC 2015 dated 20.10.2015. As per the Government Order the scheme has been decentralized, each district comprises of Tender Accepting Committee, which includes the Deputy Commissioner, Chief Executive Officer (CEO), Zilla Panchayath Member (ZP) and Deputy General Managers of Dr. B.R.Ambedkar Development Corporation Limited, to oversee the execution of submersible pumps.