- 1 - NC: 2025:KHC-K:1662 WP No. 203729 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 203729 OF 2024 (GM-TEN) BETWEEN: M/S K.MARE GOUDA AND CO H & T CONTRACTORS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.12/4/12, KSCMF BUILDING APMC YARD, NEAR RAITHA BHAVAN,RAICHUR – 584 102. REPRESENTED BY ITS PARTNER SHIVAKUMAR,S/O BHEEMANAGOUDA, AGE 59 YEARS. …PETITIONER (BY SRI SACHIN M.MAHAJAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, ROOM NO.18, GROUND FLOOR VIDHANA VIDHI, BENGALURU- 560 001. REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS KARNATAKA SAHAKARA MARATHA BHAVAN, CUNNINGHAM MAIN ROAD,BENGALURU – 560 001. 3. THE DEPUTY DIRECTOR Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1662 WP No. 203729 of 2024 DEPARTMENT OF FOOD,CIVIL SUPPLIES AND CONSUMER AFFAIRS,RAICHUR – 584 101. 4. THE DEPUTY COMMISSIONER RAICHUR CUM PRESIDENT, TENDER VERIFICATION COMMITTEE,RAICHUR DISTRICT – 584 101. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CANDIDATURE / BID/ TENDER OF THE PETITIONER FIRM IN THE FINANCIAL BID AND ALL OTHER FURTHER PROCEEDINGS IN THE TENDER NOTIFICATION, DATED NIL, ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A, IN THE LIGHT OF THE ENDORSEMENT DATED 25.10.2024 ISSUED BY THE ASSISTANT DIRECTOR, APMC, RAICHUR BEARING NO.KRA.SAM.KRAMAE/UNIRA/ 1117/2024-25 VIDE ANNEXURE- D AND THE REPRESENTATION/ APPEAL DATED 07.11.2024 VIDE ANNEXURE-F IN ENDS OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard. 2. This Writ Petition is filed seeking writ of mandamus to direct the respondents to consider the bid, tender of the petitioner in the financial bid and all further proceedings in - 3 - NC: 2025:KHC-K:1662 WP No. 203729 of 2024 tender notification issued by 2nd respondent vide Annexure – A and to consider the appeal dated 07.11.2024 at Annexure – F. 3. Petitioner appears to have participated in the tender floated by 2nd respondent. The technical bid submitted by the petitioner is rejected and thereafter, the petitioner has approached the Commissioner of Food and Civil Supplies who is the Tender Accepting Authority. The Tender Accepting Authority has accepted the report of the Technical Evaluation Committee and rejected the petitioner’s claim. Thereafter, the petitioner has approached the appellate authority viz. the Principal Secretary of Food and Civil Supplies, Bengaluru in appeal filed on 07.11.2024 which is still pending consideration. Neither the appeal is heard nor interim prayer in the said appeal is considered. Under the circumstances, the petitioner is before this Court seeking the aforementioned reliefs. 4. Learned counsel appearing for the petitioner would contend that despite the petitioner having submitted all the documents in the prescribed format, the Tender Evaluation Committee committed an error in rejecting the petitioner’s bid. As such, the petitioner approached the Commissioner i.e, the - 4 - NC: 2025:KHC-K:1662 WP No. 203729 of 2024 Tender Accepting Authority to set-aside the order passed by the Technical Evaluation Committee. However, the Commissioner without considering the materials in proper perspective has rejected the petitioner’s claim and passed an order at Annexure – G dated 13.11.2024 and an appeal is filed before the appellate authority invoking Section 16 of the Karnataka Transparency in Public Procurement Act, 1999 and same is pending consideration 5. It is his further submission that the respondent/authorities are proceeding further to complete the tender process and under these circumstances, there has to be interference by this Court to ensure that the petitioner’s legitimate claim is not rejected on account of delay in considering the pending appeals. 6. Learned Government Advocate on the other hand would contend that the appeal would be considered in accordance with law. 7. This Court has considered the submissions made at the bar and perused the records. - 5 - NC: 2025:KHC-K:1662 WP No. 203729 of 2024 8. It is noticed that on 17.12.2024 this Court has observed that the opening of financial bid by the respondents on 18.12.2024, and all acts, deeds and things done pursuant thereto shall be subject to final out come of this petition, as well as final out come of the appeal filed by the petitioner, which is pending before respondent No.1. 9. It is submitted at the bar that the final order issuing tender is not yet passed. It is also noticed that 1st respondent was directed to dispose of the pending appeal before the next date of hearing in terms of order dated 17.12.2024. Almost three months have elapsed from the said order, however, the appeal is not yet disposed of. Needless to say that when an appeal is filed in a matter like this, same has to be considered expeditiously as the Act itself provides for 30 days to decide the appeal. 10. Hence the following: ORDER (i) Writ Petition is allowed-in-part. (ii) Respondent No.1 shall decide the appeal filed by the petitioner challenging the order dated 13.11.2024 - 6 - NC: 2025:KHC-K:1662 WP No. 203729 of 2024 within two weeks from the date of receipt of copy of this order. (iii) It is further made clear that the Tender Accepting Authority i.e. 2nd respondent shall not finalise the tender till the decision of 1st respondent in the appeal which is filed by the petitioner and pending before 1st respondent is disposed of. (iv) It is further made clear that nothing is expressed on the merits of the matter. In case the appeal is allowed, the petitioner shall be permitted to participate in the financial bid and in case the appeal is dismissed, further proceedings pursuant to tender notification shall be completed within two weeks from the disposal of the appeal. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN/List No.: 2 Sl No.: 0