Case Note & Summary
The petitioner, Mr. Nissar Ahmed B.A., filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking to quash an e-tender notification dated 11.03.2020 issued by the Karnataka State Road Transport Corporation (KSRTC) insofar as it pertained to Shop No.10 in Terminal No.2 at Kempegowda Bus Station. The petitioner also sought an alternative direction to consider his representation dated 18.02.2020. The matter was taken up for final disposal at the admission stage. The court examined the petitioner's locus standi to challenge the tender. The petitioner was not a bidder in the tender process. The court held that a person who is not a participant in the tender process has no locus standi to challenge the tender notification, as no legal right of the petitioner was infringed. The court dismissed the writ petition, observing that the petitioner failed to demonstrate any legal right or interest in the tender process.
Headnote
A) Constitutional Law - Locus Standi - Writ Petition under Article 226 - Challenge to Tender - Petitioner not a bidder - Held that a person who is not a participant in the tender process has no locus standi to challenge the tender notification, as no legal right is infringed. (Para 3)
Issue of Consideration
Whether the petitioner, who is not a bidder, has locus standi to challenge the e-tender notification issued by the respondent corporation.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Locus standi
- Writ jurisdiction under Article 226
- Tender matters
- Public interest
Case Details
2020 LawText (KAR) (07) 197
Writ Petition No.7794/2020 (GM-TEN)
The Divisional Controller, Karnataka State Road Transport Corporation, Kempegowda Bus Station Division, Bengaluru and Another
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an e-tender notification issued by the respondent corporation.
Remedy Sought
Quashing of e-tender notification No.07/2019-20 dated 11.03.2020 insofar as it pertains to Shop No.10 in Terminal No.2 at Kempegowda Bus Station, or alternatively, a direction to consider the petitioner's representation dated 18.02.2020.
Filing Reason
The petitioner sought to challenge the tender notification on grounds not specified in the judgment, but the court focused on his lack of locus standi.
Issues
Whether the petitioner has locus standi to challenge the e-tender notification when he is not a bidder.
Submissions/Arguments
Petitioner argued through counsel Sri. Nishanth A.V. for quashing of tender notification or consideration of representation. Respondents' arguments not recorded.
Ratio Decidendi
A person who is not a participant in the tender process has no locus standi to challenge the tender notification under Article 226 of the Constitution of India, as no legal right is infringed.
Judgment Excerpts
In the instant petition, petitioner has sought for the following reliefs:-
Matter is taken up for final disposal at the admission stage itself, since no adverse...
Petitioner is not a bidder. Therefore, he has no locus standi to present this petition.
Procedural History
The writ petition was filed on an unspecified date and taken up for preliminary hearing through video conference on 01.07.2020, when it was disposed of at the admission stage.
Acts & Sections
- Constitution of India: Article 226
