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2008 DIGILAW 754 (KAR)

Sree Maruthi Grameena Udyoga Kendra (R), Chinthamani Taluk, Chickballapur District v. The Managing Director, Karnataka Food And Civil Supplies Corporation, Bangalore & Others

2008-12-05

N.K.PATIL

body2008
Judgment : Petitioner in this petition is a registered Grameena Udyoga Kendra, represented by its Proprietor. Petitioner has sought for quashing the notification as per Annexure-M, dated 27th November, 2008 which is also published vide Annexure-M1 in `Praja Vani' daily newspaper dated 29th November, 2008 and to direct the respondents to permit the petitioner to supply Double Fortified Salt to the Districts in respect of which, the petitioner's tender is found to be the lowest. 2. The brief facts of the case are that, in pursuance of the notification issued by first respondent dated 27th September, 2008 calling for tenders for supply of `Double Fortified Salt', petitioner has also submitted his tender form along with several other persons who were eligible. Bid has been opened from 3rd November, 2008 to 6th November, 2008 and petitioner's quotation was found to be the lowest in respect of twenty Districts. The said fact has been communicated to the petitioner through the District Manager of the said twenty Districts and further, petitioner has even been communicated by way of a communication as per Annexure-D, dated 17th November, 2008 and thereafter, he has received communications dated 19th November, 2008, 19th November, 2008, 17th November, 2008, 20th November, 2008 and 18th November 2008 vide Annexures-E, F, G, H and J respectively directing the petitioner to produce the analysis report from the National Institute of Nutrition, Hyderabad immediately. Be that as it may, in pursuance of the communications vide Annexures-D to H and J, petitioner rushed to the National Institute of Nutrition at Hyderabad in order to secure the analysis report as sought for by first respondent in respect of the `Double Fortified Salt'. To the shock and surprise of the petitioner, petitioner came to know of the short term re-tender from the first respondent vide Annexure-M, dated 27th November, 2008, without any justification and contrary to the terms and conditions of the tender documents for `Double Fortified Salt'. The said re-tender was issued cancelling the earlier tender notification dated 27th September, 2008 for supply of `Double Fortified Salt' contrary to the relevant provisions of the Karnataka Transparency in Public Procurements Act, 1999 (Act' for short) read with Karnataka Transparency in Public Procurements Rules, 2000 ('Rules' for short) and calling for fresh tender from the eligible applicants. The said re-tender was issued cancelling the earlier tender notification dated 27th September, 2008 for supply of `Double Fortified Salt' contrary to the relevant provisions of the Karnataka Transparency in Public Procurements Act, 1999 (Act' for short) read with Karnataka Transparency in Public Procurements Rules, 2000 ('Rules' for short) and calling for fresh tender from the eligible applicants. Being aggrieved by the impugned re-tender notification issued by first respondent and seeking appropriate reliefs, as stated supra, petitioner herein felt necessitated to present the instant writ petition. 3. I have heard learned Counsel for petitioner and learned Standing Counsel appearing for respondents-Corporation. 4. After careful evaluation of the material available on record, grounds urged by petitioner in the writ petition and the stand taken by respondents in their statement of objections, including the relevant provisions of the Act and Rules, referred above, it is apparent on the face of the relevant material available on file that, the first respondent has committed a grave error and material irregularity in proceeding to issue the impugned re-tender notification contrary to the terms and conditions notified in the tender documents for `Double Fortified Salt' and contrary to the relevant provisions of the Act and Rules. It is significant to note here itself that, as per the earlier tender documents for `Double Fortified Salt', produced at Annexure-C, clause (c) — "Validity of Offer" under Section 2 "Terms and Conditions" states that, "The rates quoted shall be valid for acceptance or otherwise for a period of 30 days from the date of opening of the tender”. In the instant case, the tenders are opened from 3rd November to 6th November, 2008. When it has been specifically and in unequivocal terms stated in compliance of the relevant provisions of the Act and Rules, before expiry of the stipulated thirty days from the date of opening, the first respondent has issued the impugned re-tender notification dated 27th November, 2008 and ought not to have taken such a hasty decision in issuing the impugned re-tender notification. Further, it emerges from the records available on file, as referred above that, the concerned Managers of the respective Districts have sent a communication to the petitioner to secure the analysis report from the Competent Authority at Hyderabad, as per communications referred above. Further, it emerges from the records available on file, as referred above that, the concerned Managers of the respective Districts have sent a communication to the petitioner to secure the analysis report from the Competent Authority at Hyderabad, as per communications referred above. Without even giving a breathing time to the petitioner to get the analysis report from the institute, referred above, the first respondent has proceeded to issue the impugned short term re-tender notification dated 27th November, 2008, which is published in the Karnataka Daily newspaper as referred above vide Annexures-M and Ml respectively. Hence, in view of not following the mandatory provisions of the Act and Rules and in clear violation of the terms and conditions of the tender documents for "Double Fortified Salt for December 2008 to November 2009" the impugned re-tender notification issued by first respondent cannot be sustained and hence, it is liable to be set aside at the threshold. 5. In the light of the facts and circumstances of the case, as stated supra, the writ petition filed by petitioner is disposed of as follows. .(i) Writ petition filed by petitioner is allowed in part; .(ii) The impugned notification issued by first respondent dated 27th November, 2008 bearing No. KFCSC/MKT/ADS/DFS/ 33/2008-09 vide Annexure-M, and issued and published in the Kannada Daily "Praja Vani" dated 28th November, 2008 vide Annexure-M1 are hereby set aside; (iii) Matter stands remitted back to first respondent to consider the matter afresh and to take appropriate decision in accordance with law and in strict compliance of the terms and conditions notified in the “Tender Documents for Double Fortified Salt from December 2008 to November 2009" and in compliance of the relevant provisions of the Karnataka Transparency in Public Procurements Act, 1999 read with Karnataka Transparency in Public Procurements Rules, 2000 and dispose of the matter expeditiously.