- 1 - NC: 2025:KHC:9242 WP No. 746 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 746 OF 2023 (GM-TEN) BETWEEN: 1. MANJUNATHA VEGETABLE MARKET REPRESENTED BY PROPRIETOR MANJU G. N., S/O NANJAIAH AGED ABOUT 44 YEARS R/AT NAGASANDRA ROAD A.D.COLONY, CHANNARAYAPATNA - 573 116. 2. MANJUNATHA SWAMY TRADERS PROPRIETOR MANJEGOWDA K. B., S/O BOJEGOWDA AGED ABOUT 50 YEARS R/AT KOPTHANAGATTA SHRAVANABELAGOLA CHANNARAYAPATNA - 573 116. 3. SRI LAKSHMIDEVI TRADERS PROPRIETOR MANJEGOWDA @ BASAVARAJU S/O KAREGOWDA AGED ABOUT 59 YEARS R/AT SHRAVANABELAGOLA HOBLI DHARMANIGALA GRAMA CHANNARAYAPATNA TALUK HASSAN - 573 135. …PETITIONERS (BY SRI SHREYAS B. S., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9242 WP No. 746 of 2023 AND: 1. THE STATE OF KARNATAKA AGRICULTURAL SECRETARY MARKET DEPARTMENT BENGALURU – 560 001. 2. THE DIRECTORATE AGRICULTURAL MARKET DEPARTMENT NO.16, 2ND MAIN RAJBHAVAN ROAD P.B.NO. 5309 BENGALURU – 560 001. 3. THE ADMINISTRATIVE OFFICE AGRICULTURAL PRODUCE MARKET COMMITTEE CHANNARAYAPATNA - 573 116. 4. THE SECRETARY AGRICULTURAL PRODUCE MARKET COMMITTEE CHANNARAYAPATNA - 573 116. …RESPONDENTS (BY SRI SHAMANTH NAIK, HCGP FOR R1 AND R2; SRI A.C.BALARAJ, ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE R4 TO HAND OVER THE PEACEFUL POSSESSION OF CORNER SITE NO 7 TO THE PETITIONER 1 AND SHOP NO. 8 TO THE PETITIONER 2 AND SHOP NO 11 TO THE PETITIONER NO 3 BY CONSIDERING THE TENDER NOTIFICATION BEARING NO. KRU MA E. KRU O MA SA(CHA)/177/2022-23 DATED 05.09.2022 MARKED AS ANNEXURE – A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9242 WP No. 746 of 2023 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a. To the Respondent No 4 to hand over the peaceful possession of Corner Site 7 to the petitioner 1 and shop no 8 to the petitioner 2 and shop no 11 to the petitioner no 3 by considering the tender notification Bearing No. KRU MA E: KRU O MA SA(CHA)/177/2022-23 dated 05/09/2022 marked as ANNEXURE -A. b. To quash the tender notification Bearing No. KRU MA E: KRU O MA SA(CHA)/343/2022-23 dated 21/12/2022 for re-bidding of Corner Site. 7, 8 and 11 which is scheduled to be held on 11/01/2023 as ANNEXURE -H.” 2. Heard Sri B.S.Shreyas, learned counsel for petitioner, Sri Shamanth Naik, learned High Court Government Pleader for respondent Nos.1 and 2 and Sri A.C.Balaraj, learned counsel for respondent Nos.3 and 4. 3. Respondent Nos.3 and 4 issued a notice inviting tender for corner sites bearing Nos.7, 8 and 11, which comes within the precincts of respondent No.3 – Agricultural Produce Market Committee, Channarayapatna (for short ‘the APMC’). The - 4 - NC: 2025:KHC:9242 WP No. 746 of 2023 petitioners submit their bids. The bids of the petitioners were scrutinized, found to be eligible and was directed to deposit the remaining amount. Before the remaining amount could be deposited, a decision was taken by the APMC for cancellation of the tender. The cancellation of the tender lead to issuance of a second tender on 04.11.2022. The said tender was also not taken forward. Therefore, the petitioners are knocking at the doors of this Court in the subject petition. 4. This Court while granting the interim order of stay, directed the parties to maintain of status quo, qua the shops / corner sites Nos.7, 8 and 11. 5. Learned counsel for petitioners would contend that the respondents cancelled the earlier tender dated 05.09.2022, on the score that it was not economically viable and reserve price was that of 2019. He would take this Court to the second tender documents, which also indicates that the same reserve price, as was indicated in the earlier tender notification. Therefore, it was the reserve price which lead to cancellation of the earlier tender but the same reserve price is indicated in the - 5 - NC: 2025:KHC:9242 WP No. 746 of 2023 second tender as well. Learned counsel for petitioners submits that the total amount deposited is Rs.3,77,350/- and the said amount is in the coffers of respondent No.3 – APMC. 6. Learned counsel for respondent Nos.3 and 4 submits that no tender is taken forward and the petitioners are before this Court and this Court had directed to maintain status quo. He would submit that immediately after the cancellation of the tender, a direction was issued to the petitioners to take back the EMD, but the petitioners without receiving the amount they have deposited, have come before this Court in the subject petitioner. 7. In the light of the aforesaid submissions, though the right of the petitioners is not taken away in the case at hand, as no tender is awarded to the petitioners nor any other person and the tender process was at the stage of acceptance, scrutiny of the documents and directions to pay the remaining amount, the petitioners cannot now seek a direction to hand over the shops / corner sites on the score that the petitioners have - 6 - NC: 2025:KHC:9242 WP No. 746 of 2023 deposited substantial amount, pursuant to the participation in the tender. 8. Therefore, I deem it appropriate to direct respondent No.3 to refund the entire amount, which according to the learned counsel for petitioners is Rs.3,77,350/- after scrutinizing of the documents qua the acknowledgment as projected hereinabove, at the rate of 6% p.a., from the date of the deposit of the EMD, till its payment. 9. With the above observations, the petition stands disposed. Ordered accordingly. SD/- ____________________ JUSTICE M.NAGAPRASANNA NVJ List No.: 1 Sl No.: 59 CT:SS