At, High Court of Karnataka Circuit Bench OF Kalaburagi
By, THE HONOURABLE MR. JUSTICE NATARAJ RANGASWAMY
For the Petitioner: Arunkumar Amargundappa, Advocate. For the Respondents: Archana P. Tiwari, AGA.
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned tender notification dated 03.07.2020 bearing No.Atalji C.R. 63/2018-19 issued by respondent No.3 Vide Annexure-A. Consequently, direct respondent Nos.2 and 3 to issue work order in terms of earlier tender notification dated 27.09.2019 vide Annexure-B and etc.)
1. In this writ petition, the petitioner has challenged the re-tender notification dated 03.07.2020 bearing No.Atalji CR.63/2018-19 issued by respondent No.3 (Annexure-A) to procure Computer Data Entry Operators for Atalji Janasnehi Kendra Project in Tumkur District.
2. It is stated that the respondent No.3 had invited bids for providing services of 111 data entry operators for deployment at Atalji Janasnehi Kendras in Tumkur District. The petitioner claimed that he submitted his tender through E-procurement portal along with necessary documents within the time stipulated. The petitioner claimed that he was the highest bidder and after his financial bid was opened, he was found to be eligible and therefore, respondent No.3 issued a notice to furnish bank guarantee of 76% on the total tender amount on or before 27.02.2020. In response thereto, the petitioner deposited a sum of RS.1,72,09,440/- with the State Bank of India and the bank in turn issued a bank guarantee addressed to respondent No.3. It is stated that respondent No.3 accepted the bank guarantee. The respondent No.3 instead of issuing a work order, proposed to recall the tender notification by reducing the number of Data Entry Operators from 111 to 61. The petitioner feeling aggrieved by the intended action of respondent No.3, submitted a representation to respondent Nos.2 and 3 setting out that he would be exposed to incalculable loss and requested respondent No.3 to issue work order in terms of the tender notification. However, the respondent No.3 thereafter had recalled the tender notification and had resolved to invite the bids for 61 Computer Data Entry Operators instead of 111 originally proposed. The petitioner has therefore called in question the aforesaid action of respondent No.3.
3. The learned Additional Government Advocate appearing for the respondents would submit that the intended procurement is in respect of Atalji Janasnehi Kendra Project within Tumkur District and therefore, the writ petition will have to be listed before the Principal Bench of this Court at Bengaluru.
4. It is noticed that the tender notification was for procuring manpower agency for Computer Data Entry Operators at Atalji Janasnehi Kendra Project, Tumkur. The intended tender has now been set at naught and a fresh bid is invited fixing the last date and time for uploading the tender on 27.07.2020 i.e., today.
5. The distribution work between Principal Bench and the permanent benches at Dharwad and Kalaburagi are prescribed by the notifications constituting the benches. The roster of the cases apportioned to each of the benches is determined by the Hon'ble Chief Justice who is the master of the roster. In that view of the matter, since the procurement of services are at Tumkur District, lying within the jurisdiction of Principal Bench, Bengaluru, it is appropriate that this petition be transferred to the Principal Bench, Bengaluru for consideration. The contention of the petitioner is that once the bid of the petitioner is accepted and once he having furnished the bank guarantee, there is tacit acceptance of the bid of the petitioner and therefore, tender could not have been cancelled without notice to the petitioner. In the meanwhile, it is noticed that respondent No.3 has invited bids and last date for uploading their bid
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is fixed on 27.07.2020. In that view of the matter, any bids submitted pursuant to the fresh notification issued by respondent No.3 shall be subject to the outcome of this writ petition. The petitioner is also at liberty to participate in the tender. This writ petition is directed to be transferred to the Principal Bench at Bengaluru. This petition is treated as disposed of for statistical purposes.