Hassan Town Women's Consumers Co-operative Society Limited and Anr. Vs. State of Karnataka and Anr. (26.06.2009 - KARHC) - Court Judgment

Excerpt:
- right of co-operative societies to take part in tenders for supply of food articles to anganawadi centres: [ajit j. gunjal,j] held, the petitioners-societies are registered under the karnataka co-operative societies act, 1959. the apprehension of the petitioners is that the respondents unreasonably, arbitrarily and for no valid reasons are not allowing the petitioners to participate in the tender process called for by them for supply of food grains/articles to the anganawadi centres. the petitioners cannot be prevented from participating in the tender process. if for any reason they do not satisfy the requirement, their tender can be rejected. but however, they cannot be prevented from participating in the tender process. - 6. having regard to the decision rendered by this court in the aforesaid writ petition as well as writ appeal, the petition stands disposed of in terms of the judgment of the division bench of this court.orderajit j. gunjal, j.1. mr. h.k basavaraj, learned high court government pleader is directed to take notice for respondents.copies to be served.2. even though the matter is listed for preliminary hearing, with consent, it is taken up for final disposal.3. the petitioners-societies are registered under the karnataka cooperative societies act, 1959. the date of registration of the 1st petitioner-society is 14-11-1975 and the 2nd petitioner-society was registered on 25-11-1991 and to that effect certificates has already been issued. pursuant to an order passed by the executive officer, taluk panchayat, belur, the 1st petitioner was supplying food articles/grains to the anganawadi centres. the apprehension of the petitioners is that the respondents unreasonably, arbitrarily and for no valid reasons are not allowing the petitioners to participate in the tender process called for by them for supply of food grains/articles to the anganawadi centres.4. mr. kempegowda, learned counsel appearing for mr. kv. narasimhan, for the petitioners submits that the subject-matter of this writ petition is covered by a ruling of this court in w.p. no. 6069 of 2007 disposed of on 23-8-2007.5. i have perused the papers. apparently, the petitioners cannot be prevented from participating in the tender process. if for any reason they do not satisfy the requirement, their tender can be rejected. but however, they cannot be prevented from participating in the tender process. in identical case, the division bench of this court in w.a. no. 1512 of 2007 disposed of on 14-2-2007 has observed thus:in the operative portion of the order, the learned single judge had made it clear that application of both parties may be considered and it will be suffice for us to clarify further that the applications of both the parties shall be examined keeping in view the guidelines contained in the circular/instructions issued by the state government on the basis of the observations of the hon'ble supreme court. the observations made at paragraph 13 of the impugned order passed by the learned single judge shall not be construed that it is an indication that the respondents' societies applications must be considered for awarding contracts for supply of foodgrains to the anganawadi centres in the belgaum district.6. having regard to the decision rendered by this court in the aforesaid writ petition as well as writ appeal, the petition stands disposed of in terms of the judgment of the division bench of this court.the petitioners are at liberty to participate in the tender, but however subject to the observations made in the earlier decisions.petition stands disposed of accordingly.7. mr. h.k basavaraj, learned high court government pleader appearing for the respondents is permitted to file memo of appearance within four weeks.

Judgment:
ORDER

Ajit J. Gunjal, J.

1. Mr. H.K Basavaraj, learned High Court Government Pleader is directed to take notice for respondents.

Copies to be served.

2. Even though the matter is listed for preliminary hearing, with consent, it is taken up for final disposal.

3. The petitioners-Societies are registered under the Karnataka Cooperative Societies Act, 1959. The date of registration of the 1st petitioner-Society is 14-11-1975 and the 2nd petitioner-Society was registered on 25-11-1991 and to that effect certificates has already been issued. Pursuant to an order passed by the Executive Officer, Taluk Panchayat, Belur, the 1st petitioner was supplying food articles/grains to the Anganawadi centres. The apprehension of the petitioners is that the respondents unreasonably, arbitrarily and for no valid reasons are not allowing the petitioners to participate in the tender process called for by them for supply of food grains/articles to the Anganawadi centres.

4. Mr. Kempegowda, learned Counsel appearing for Mr. KV. Narasimhan, for the petitioners submits that the subject-matter of this writ petition is covered by a ruling of this Court in W.P. No. 6069 of 2007 disposed of on 23-8-2007.

5. I have perused the papers. Apparently, the petitioners cannot be prevented from participating in the tender process. If for any reason they do not satisfy the requirement, their tender can be rejected. But however, they cannot be prevented from participating in the tender process. In identical case, the Division Bench of this Court in W.A. No. 1512 of 2007 disposed of on 14-2-2007 has observed thus:

In the operative portion of the order, the learned Single Judge had made it clear that application of both parties may be considered and it will be suffice for us to clarify further that the applications of both the parties shall be examined keeping in view the guidelines contained in the circular/instructions issued by the State Government on the basis of the observations of the Hon'ble Supreme Court. The observations made at paragraph 13 of the impugned order passed by the learned Single Judge shall not be construed that it is an indication that the respondents' societies applications must be considered for awarding contracts for supply of foodgrains to the Anganawadi centres in the Belgaum District.

6. Having regard to the decision rendered by this Court in the aforesaid writ petition as well as writ appeal, the petition stands disposed of in terms of the judgment of the Division Bench of this Court.

The petitioners are at liberty to participate in the tender, but however subject to the observations made in the earlier decisions.

Petition stands disposed of accordingly.

7. Mr. H.K Basavaraj, learned High Court Government Pleader appearing for the respondents is permitted to file memo of appearance within four weeks.