SRINIDHI PACKAGING INDUSTRIES Vs. KARNATAKA MILK FEDERATION

JUDGEMENT

(1.) Mr.Sadashivaiah K.G., Learned counsel for the petitioner. Mr.Y.R. Sadasiva Reddy, learned Senior Counsel for Mr.Rahul S.Reddy, learned counsel for respondent Nos.2 and 3. The writ petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.

(2.) In these petition, the petitioner inter alia seeks quashment of tender conditions contained in Section VII (1) and (2) of e-procurement Short Term Tender notifications dated 20.07.2019. The petitioner also seeks a writ of mandamus directing the respondents not to impose the condition which prevents small-scale semi-automated manufacturers from participating in the tender process. The petitioner also seeks a writ in the nature of mandamus directing respondent No.3 to consider the representation dated 01.08.2019 submitted by the petitioners. Facts giving rise to filing of the petition briefly stated are that the petitioners have established small-scale industries and are the manufacturers of corrugated boxes for the purpose of packing of finished goods of respondent Nos.2 and 3 and supplied the same as per previous tender specifications. It is the case of the petitioners that they have semi automated manufacturing units. However, the respondents have issued tender notifications on 20.07.2019, by which condition has been incorporated that the tenderer should be a manufacturer having fully automated corrugated boxes manufacturing facilities, and the proof of the same shall be produced. It has further been prescribed that tenderers should be a manufacturer who might have tested and supplied goods/ materials similar to the type specified in schedule of requirements upto atleast 80% of the quantity or should have minimum turnover of 80% of the tendered value in corrugated boxes manufactured products required in any of the last three years. The petitioners being aggrieved of the aforesaid tender conditions, have approached this court.

(3.) Learned counsel for the petitioner submitted that the impugned conditions contained in the e-tender notifications are contrary to law as well as notification issued by Government of India contained in Annexure-J. It is further submitted that in the previous notifications no such conditions were ever included and on account of inclusions of such conditions, the petitioners have been deprived of their rights to participate in the process of tender.