V' . Its 'Secret-a,Iy,
WP N0.65584 of 2009
IN THE HIGH COURT or KARNATAKA
CIRCUIT BENCH AT DHARWAD % V
DATED THIS THE 26TH DAY OF OCTOBI:_'4'F»:2'(:t3"V\')i'p:9t: pf:
THE HON'BLE DR.JUS'1'ICE
WRIT PETITION No.65V$'84.f/2VC2)0"9': i t L
BETWEEN: A' t tt H' V
Basavaraj Enterprises, *
Rep by:--
BasavarajHa1appa;1av:ar,""'f, _
Proprietor, Age:
R/0: I-Iaveriig" " . ...PET1TIONER
(By Srij'StTreTsr;»,_P.f3f1;ide:dé,§gadd.£,VAtivocate}
1. The staterof'T<a;nataka','
Rep by: -- "
"{Qut.'n and 'Sports Department,
2. '1h_e Canifiaiesioner,
Youth' Service and Sports,
pp State-Youth Centre,
Nrupathunga Road,
V. t' V V Barxgalore.
WP No.65584 of 2009
3. The Assistant Director,
Youth and Sports Department,
I-Iaveri. ...RESPONDE.NTS
(By Smt.K.Vidyavathi, Addl. Govt. Adv., for Ri_.i_jo"R3}- _
This writ petition is fiied un:der'Art_icles;«22'6~._& 227
of the Constitution of India prayingjto.-'issL1e~ a' w1*it~..'oiie_'
direction in a nature of statutory, or quashing ' order 2'
dated 17.09.2009 passed 'by"---.3" respondentfin.Aside
Annexure~C in No. SaNi /VuSaKrif”2a/ Ha’/Kari. Kari/ ShNi
200940/09.
This writ petitio’1’1’tp-eo’rni§ng ,i:'”or preliminary
‘i’he petitiorfierjpj’ispii’befC-re this Court under Articles
226 8:. 22i’7.__ofV theiiii’iCon:stitution of India praying for
the orid-e.r__dated 17.09.2009 at AnneXure–C on
taerilg of”1~’e_svpion_dent No.3.
ii ~. facts of the case leading to filing of the
–V writ “petition inay be stated as under:~
L_/9
WP Ne-65584 of 2009
The 2nd respondent called for tender for the year
2009-10 to supply food to the 3rd respond«e’11it%sDports
school. The petitioner and two other persons’ 4_
the tender. The 2nd respondent aceeptedrif T j
petitioner and communicated
16.06.2009 at Annexure–i°i;*hI’hereafte_r,’ i
started to supply food’ reispVo’r1d’ent–hoste1.
Respondent No.3 notice to the
petitioner con1pLai–nin=g gth’at”« violation of
conditions ‘the petitioner was asked
to The show-cause notice
dated 29.u06,2G0_:9’ respondent No.3 to the
petitioner isi4’at,VAr1ne:>r’ure–B. Thereafter the 3rd respondent
the tender allotted to the petitioner by letter
at AnneXure–C. Therefore, the petitioner
_ is ¥oefore.__’t1’ii.s””Court for quashing Annexure–C.
WP No.65584 of 2009
3. Learned counsel for the petitioner submits that the
petitioner was not given sufficient opportunity to show
cause and giving only three days time to show causeris no
opportunity and, therefore, the i.~___at
Annexure–C may be quashed on account”‘of:fviolatiori,o_ of.
principles of natural justice.
4. Learned Additional Government Acpivopcayte ma *
statement of objections thelppyetitioner is
not entitled for any relief tietition. It is stated
that contract givenftloi supply of food
to respl’onde’ntVNo’;8l§ho4ste:l”‘for: the year 2009–10, but the
petitioner–llco_ntracltorVis vrliiable to supply food as per the
gfuidelin.r:.S.._.of the department/ State Government
tender conditions. Therefore, show cause
notiecle was issued to the petitioner as per Annexure–B, but
lxhe has~~nO;t shown cause, and therefore, the contract given
petitioner was cancelled. It is also contended that
petitioner has locked the mess room and with the
it
WP No.65584 of 2009
B–show-cause notice, the petitioner has violated gu_i_de1ines
and conditions of contract. Even in this writ
petitioner has not shown the cause.
circumstances, and keeping in iv-ie’w–.tha’_£
relating to suppiy of food
respondents thought it fit to i
to the petitioner. The,r’e~..Vi’s oriiiinfirrnity in the
impugned order. it i i V it
In the and the same is
hereby dis1*iiiisee’dp:i’V’i’
Gi<.an'–ted» 'wep4ei~:_s:""tin1e to file memo of appearance
by the AdditionalGovernriient Advocate E
hx%.m' so/w
EEEGE
Kms*