- 1 - HC-KAR NC: 2025:KHC-K:3461 WP No. 201640 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201640 OF 2025 (GM-TEN) BETWEEN: LINGARAJ S/O SAYABANNA BUKKE, AGE: 58 YEARS, OCC: BUSINESS, R/O. NO.2477, NEAR KALESHA MASJID, HATYAN GALLI, ALAND-585302. DIST. KALABURAGI. …PETITIONER (BY SRI. AMEERAHAMAJA ABDULKADAR GUNNAPURA, ADVOCATE (ABSENT) AND: 1. THE ADDL. PRINCIPAL SECRETARY, FOOD CIVIL SUPPLIES & CONSUMER AFFAIR DEPT. GOVT. OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, FOOD CIVIL SUPPLIES & CONSUMER AFFAIR DEPT. #8, CUNNINGHAM ROAD, SAHAKAR BHAVAN, BENGALURU-560052. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3461 WP No. 201640 of 2025 3. THE DEPUTY COMMISSIONER, KALABURAGI DIST. KALABURAGI, BY ITS REPRESENTED BY ADDL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585102. 4. DEPUTY DIRECTOR FOOD AND CIVIL SUPPLY DEPT. MINI VIDHAN SOUDHA, KALABURAGI-585 102. 5. SRI. LACHAPPA PROP. VENKATESHWAR TRADING AND TRANSPORT COMPANY, AFZALPUR, DIST. KALABURAGI-585301. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 TO R4; SRI. AMEET KUMAR DESHPANDE, SR. ADVOCATE FOR SRI. DESHPANDE G. V, ADVOCATES FOR C/R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A CERTIORARI QUASHING THE ORDERS NO.FCS/IT- 04/RT-TENDER/53/2024.26 DATED 15.01.2025 ANNEXURE-C AND NO.FCS/IT-04/RT-TENDER/53/2024.26 DATED 12.05.2025 ANNEXURE-D ISSUED BY THE RESPONDENT NO.2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC-K:3461 WP No. 201640 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) None appears for the petitioner. 2. Respondent No.2 has floated a tender to provide transportation for food grains and other items from godowns to fair price depot in various talukas of the State. The petitioner was one of the bidders for providing required transportation for Chittapur taluka of Kalaburagi District. The tender has been allotted in favour of respondent No.5. Aggrieved by the same, the present writ petition is filed. 3. The petitioner in the instant writ petition has not explained as to what is the error committed by the authorities concerned while awarding the tender in favour of respondent No.5 in proper manner. Nor he has explained as to how he is eligible to be awarded the tender. 4. Further, it is submitted by the respondents that the tender has been awarded in favour of respondent No.5 on 12.05.2025 in respect of Chittapur taluka is concerned. It is also submitted that the relevant laws provide for a right of - 4 - HC-KAR NC: 2025:KHC-K:3461 WP No. 201640 of 2025 appeal which has not been utilized by the petitioner and he has approached this Court directly. 5. Taking into consideration that the petitioner in the writ petition has failed to explain what is the exact error committed by the respondent Nos.1 to 4 in awarding the contract in favour of respondent No.5 and also having failed to explain as to why the contract should have been awarded in favour of the petitioner herein and also for the reason the petitioner has not exhausted the appeal remedy and also taking into consideration that the general remedy for breach of contract is damages and also given the fact that the tender has already been awarded in favour of respondent No.5, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 22 CT: