Asian Engineers No. 264, 3rd Cross 1 St Main, Dooravani Nagar v. Managing Director Karnataka Maharshi Valmiki Schedule Tribe Development Corporation Ltd. , Bengaluru 3 Rd Floor, Khadhi Bhavan, Jasmadevi Bhavan Road, Bengaluru - 560 052
2022-04-13
RITU RAJ AWASTHI, S.R.KRISHNA KUMAR
body2022
DigiLaw.ai
JUDGMENT Ritu Raj awasthi, CJ. - Both these intra-Court appeals are directed against the impugned order dated 16.03.2022 passed in W.P.No.3547/2022. 2. In W.a.No.342/2022, learned additional Government advocate accepts notice for respondent No.3. So also, Sri. K.C. Sudarshan, learned counsel accepts notice for respondent No.4. For the order proposed, notice to respondent Nos.1 and 5 is dispensed with. 3. In W.a.No.343/2022, learned additional Government advocate accepts notice for respondent No.3. So also, Sri. R. Vybhav, learned counsel accepts notice for respondent No.4. For the order proposed, notice to respondent Nos.1 and 5 is dispensed with. 4. Heard Sri. S.S. Naganand, learned Senior counsel appearing on behalf Sri. R. Vybhav, learned counsel and Sri. K.C. Sudharshan, learned for the appellants in both the appeals and Sri. Udaya Holla, learned Senior counsel appearing on behalf Sri. a.R. Taranath, learned counsel for respondent No.2 and perused the material on record. 5. a perusal of the material on record including the impugned order will indicate that respondent No.2 - writ petitioner preferred the above petition seeking quashing of the order dated 29.01.2022 passed by the appellate authority i.e., the additional Principal Secretary, Department of Social Welfare, which was arrayed as respondent No.5 in the writ petition and for other reliefs. 6. The said petition was contested by the appellants in the present appeals as well as by one M/s. Swastik Pumps Private Limited, who were arrayed as respondent Nos.2 to 4 respectively in the writ petition. 7. However, the Managing Director, Karnataka Maharshi Valmiki Schedule Tribe Development Corporation, Bengaluru which was arrayed as respondent No.1 in the writ petition supported the claim of the writ petitioner before the learned Single Judge. 8. By the impugned order, learned Single Judge allowed the petition filed by respondent No.2 - writ petitioner, aggrieved by which the appellants are before this Court by way of the present appeals. 9.
8. By the impugned order, learned Single Judge allowed the petition filed by respondent No.2 - writ petitioner, aggrieved by which the appellants are before this Court by way of the present appeals. 9. Though several contentions have been urged by both sides in support of their respective claims, a perusal of the impugned order passed by the learned Single Judge will indicate that though several contentions were urged by both sides before the appellate authority as well as in the petition, all the rival contentions urged by the parties as borne out from the material on record including the pleadings and documents have not been considered or appreciated and consequently, we are of the considered opinion that the impugned order passed by the learned Single Judge deserves to be set aside and the matter be remitted back to the learned Single Judge for reconsideration afresh. 10. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions and leaving open all contentions, we deem it just and appropriate to allow both the appeals by setting aside the impugned orders passed by the learned single Judge and remitting the matter back to the learned Single Judge for reconsideration afresh in accordance with law by taking into consideration the rival contentions as well as the entire material on record produced by all the parties. 11. accordingly, we proceed to pass the following: ORDER I. The Writ appeals are hereby allowed. II. The impugned order dated 16.03.2022 passed by the learned Single Judge in W.P.No.3547/2022 is hereby set aside. III. The matter is remitted back to the learned Single Judge to for reconsideration afresh in accordance with law. IV. Having regard to the fact that the subject matter of the appeals are pump sets, which would be required to be installed and energized prior to the onset of the ensuing monsoon, we request the learned Single Judge to dispose of the writ petition before commencement of Summer Vacation, 2022. V. Registry is directed to list W.P.No.3547/2022 before the learned Single Judge on 18.04.2022, on which date the parties are hereby directed to appear before the learned Single Judge without awaiting any further notice. VI. all rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.