Case Note & Summary
The petitioner, Sri Rajeeva, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging Resolution No.2 passed by the District Sand Monitoring Committee (2nd respondent) in its proceedings dated 29/11/2021. The resolution declared the petitioner ineligible to bid for sand blocks in land measuring 2.96 acres in Survey Numbers 52, 53 and 54 of Arala Village, Bantwal Taluk, on the bank of the Palguni River. The petitioner sought a writ of certiorari to quash the resolution and a writ of mandamus directing the respondents to permit him to participate in the e-tender cum auction process pursuant to his bid under notification dated 13/12/2019. The petitioner was represented by Senior Counsel Sri I. Tharanath Poojary, while the respondents were represented by AGA Sri S.S. Mahendra. The court, after hearing the matter, found that the resolution was passed without issuing any show cause notice to the petitioner, which violated the principles of natural justice. The court held that the petitioner had a right to be heard before being declared ineligible. Consequently, the court allowed the petition, quashed the resolution insofar as it related to the petitioner, and directed the respondents to permit the petitioner to participate in the tender process. The judgment was delivered by Justice Vijaykumar A. Patil on 25th September 2023.
Headnote
A) Constitutional Law - Writs - Certiorari and Mandamus - Articles 226 and 227 of the Constitution of India - Quashing of Resolution - Petitioner challenged resolution No.2 dated 29/11/2021 passed by the District Sand Monitoring Committee declaring him ineligible to bid for sand blocks in Palguni River - Court held that the resolution was passed without issuing any show cause notice to the petitioner, thereby violating principles of natural justice - Resolution quashed and respondents directed to permit petitioner to participate in e-tender cum auction process (Paras 1-5).
Issue of Consideration
Whether the resolution passed by the District Sand Monitoring Committee declaring the petitioner ineligible to bid for sand blocks without issuing a show cause notice is violative of principles of natural justice.
Final Decision
The court allowed the writ petition, quashed Resolution No.2 dated 29/11/2021 insofar as it declared the petitioner ineligible, and directed the respondents to permit the petitioner to participate in the e-tender cum auction process.
Law Points
- Principles of natural justice
- right to be heard
- blacklisting without notice
- writ of certiorari
- writ of mandamus
