Case Note & Summary
The case involves a dispute over a tender issued by the State of Karnataka for the selection of a creative agency for the 'Invest Karnataka 2022' event. M/s. BBP Studio Virtual Bharat Pvt. Ltd. (the complainant) had participated in the tender process. After the tender was cancelled by the government, the complainant filed a writ petition (W.P. No.21308/2022) seeking consideration of its representation. The learned Single Judge, by order dated 25.01.2023, directed the authorities to consider the representation and pass appropriate orders. Subsequently, the complainant filed a contempt petition (C.C.C. No.495/2023) alleging that the accused (government officials) willfully disobeyed the order by cancelling the tender instead of considering the representation. The accused contended that the cancellation was due to a change in government policy, as the event 'Invest Karnataka 2022' was postponed and later cancelled. The court examined whether the cancellation amounted to willful disobedience. It held that the cancellation was a bona fide act based on policy change and not a willful act of contempt. The contempt petition was dismissed. Meanwhile, the government authorities filed writ appeals (W.A. Nos.1095/2023 and 1266/2023) challenging the order dated 25.01.2023. The court allowed the appeals, setting aside the order, as the tender had been cancelled and the direction to consider the representation had become infructuous. The court emphasized that contempt proceedings are not meant to enforce compliance with orders that have become impossible due to supervening events.
Headnote
A) Contempt of Court - Willful Disobedience - Sections 11 and 12 of the Contempt of Courts Act, 1971 - The complainant alleged that the accused willfully disobeyed the judgment dated 25.01.2023 in W.P. No.21308/2022 by cancelling the tender instead of considering the representation. The court held that the cancellation was due to a change in government policy and not a willful act of disobedience. The contempt petition was dismissed. (Paras 1-10) B) Tender Law - Cancellation of Tender - Government Policy - The writ appeals challenged the order dated 25.01.2023 in W.P. No.21308/2022 which had directed consideration of the petitioner's representation. The court allowed the appeals, setting aside the order, as the tender had been cancelled due to a change in policy, rendering the direction infructuous. (Paras 1-10)
Issue of Consideration
Whether the cancellation of a tender by the State government due to a change in policy amounts to willful disobedience of a court order directing consideration of the petitioner's representation.
Final Decision
The contempt petition (C.C.C. No.495/2023) is dismissed. The writ appeals (W.A. Nos.1095/2023 and 1266/2023) are allowed, setting aside the order dated 25.01.2023 in W.P. No.21308/2022.
Law Points
- Contempt of Court
- Willful Disobedience
- Tender Cancellation
- Government Policy
- Change in Policy
- Section 11 and 12 of Contempt of Courts Act
- 1971
- Section 4 of Karnataka High Court Act
- 1961
