Case Note & Summary
The petitioner, Appasab S/o. Shankar Arakeri, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging a notification dated 06.03.2024 issued by the 2nd and 3rd respondents (the Assistant Commissioner, Chikodi, and the Chief Officer, Harugeri Town Municipal Council) cancelling a tender process. The petitioner also sought a writ of mandamus directing the respondents to consider his proposal dated 17.02.2024. The tender was for solid waste management in Harugeri Town Municipal Council area. The petitioner alleged that the cancellation was arbitrary and that his proposal was not considered. The respondents argued that the tender was cancelled due to lack of response and procedural irregularities. The court, after hearing the parties, held that the cancellation was not arbitrary and that the petitioner had no vested right to have his proposal accepted. The court dismissed the petition, finding no grounds for interference under writ jurisdiction. The judgment was delivered by Justice H.P. Sandesh on 25 September 2024.
Headnote
A) Tender Law - Cancellation of Tender - Judicial Review - The court examined whether the cancellation of a tender for solid waste management was arbitrary. The petitioner challenged the notification dated 06.03.2024 cancelling the tender process. The court held that the cancellation was justified as there was no response to the tender and the process was not vitiated by malafides. The court declined to interfere under Article 226 of the Constitution of India. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Scope of Interference in Tender Matters - The court reiterated that the scope of judicial review in tender matters is limited to examining whether the decision-making process is arbitrary, irrational, or mala fide. The court found no such infirmity in the present case. (Paras 4-5)
Issue of Consideration
Whether the cancellation of tender notification dated 06.03.2024 by the respondents was arbitrary and illegal, and whether the respondents should be directed to consider the petitioner's proposal dated 17.02.2024.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Tender cancellation
- Judicial review of administrative action
- Writ of certiorari
- Writ of mandamus
- Scope of interference in tender matters
