Shivakumar Hanumanthappa Marathe S/o Hanumanthappa v. Managing Director Krishna Bhagya Jala Nigam Limited
2018-03-09
DINESH MAHESHWARI, S.SUNIL DUTT YADAV
body2018
DigiLaw.ai
ORDER : 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 02.02.2018, 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. 4. Having heard learned counsel for the petitioners and having perused the material placed on record, we are clearly of the view that these petitions are not espousing any public cause and deserve to be dismissed at the threshold and for that matter, with costs. 5. As noticed, the sum and substance of the matter is that the petitioners, though not connected with the tender process in question, seek to question the award of contract to the respondent No. 5 on the specious ground that the said contractor does not fulfill the qualification criteria.
5. As noticed, the sum and substance of the matter is that the petitioners, though not connected with the tender process in question, seek to question the award of contract to the respondent No. 5 on the specious ground that the said contractor does not fulfill the qualification criteria. The question as to whether a particular tenderer is qualified or not and all the co-related aspects are essentially for the concerned authorities to examine; and when the contract has been awarded after due evaluation, and such a fact indeed was indicated to the petitioners in the reply notice dated 19.02.2018 (Annexure-M), a further attempt on the part of the petitioners to invoke the PIL jurisdiction of this Court while questioning the qualification of respondent No.5 cannot be countenanced. 6. It is also noticed from the material on record that the contract in question is for construction of ‘Bableshwara Branch Canal-2 from km.0.00 to 4.165 including structure under Mulwad LIS Stage-III.’ Obviously, the work in question is that of public utility; and the same has not only been awarded, but is in progress. In the given set of facts and circumstances, we are satisfied that these petitions, rather than serving any public cause, are only for obstructing the execution of public utility work by a particular contractor. For such intent and purpose of the petitioners, it appears just and proper to saddle them with costs while dismissing these petitions. However, as the petitioners are said to be agriculturists, we are imposing only nominal costs. 7. The writ petitions are, therefore, dismissed while imposing costs of Rs. 5,000/-(rupees five thousand) on each of the petitioners, i.e., Rs.10,000/-(rupees ten thousand) in total. 8. It shall be required for the petitioners to deposit such amount of costs with the respondent-Krishna Bhagya Jala Nigam Limited within thirty days from today and the said Nigam shall be expected to utilize this amount of costs for other public welfare activities. If the petitioners fail to deposit the amount of costs within thirty days from today, the Deputy Commissioner of Vijayapura District shall ensure recovery of this amount and shall deposit the same with the Nigam concerned. 9. A copy of this order be forwarded to Krishna Bhagya Jala Nigam Limited as also to the Deputy Commissioner of Vijayapura District.