- 1 - NC: 2025:KHC:13079 WP No. 3019 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3019 OF 2022 (GM-TEN) BETWEEN: 1. SHRI H K SATHISH S/O KITTAPPA GOWDA AGED 49 YEARS R/AT LAKSHMI RANGANATHA NILAYA VIJAYANAGAR 1ST CROSS CHIKKAMAGALURU-577101 …PETITIONER (BY SMT. LEELA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTEDD BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001. 2. THE DIRECTOR DEPARTMENT OF MUNICIPAL ADMINISTRATION VISHVESWARAYA TOWERS AMBEDKAR VEEDHI BANGALORE-560001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13079 WP No. 3019 of 2022 3. THE DEPUTY COMMISSIONER CHIKMAGALURU DISTRICT CHIKMAGALURU-577101. 4. THE COMMISSIONER CITY MUNICIPALITY CHIKKAMAGALUR-577101. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3; SRI. A. NAGARAJAPPA, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER NOTIFICATIONS BEARING DTD. 01.02.2022 (PACKAGE-1) (ANNX-D) ISSUED BY THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THE R-2 HEREIN, THROUGH THE R-4 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "i. Issue appropriate writ, order or direction quashing the Tender Notifications bearing Nos.: - 3 - NC: 2025:KHC:13079 WP No. 3019 of 2022 a. DMA/2021-22/RD/WORK_INDENT120147/CALL-2 dated 01-02-2022 (PACKAGE-1), (ANNEXURE- D) issued by the Director of Municipal Administration, the 2nd respondent herein, through the 4th respondent, in the interest of justice and equity. b. DMA/2021-22/RU/WORK_INDENT120148/CALL-2 dated 01-02-2022, (PACKAGE-2), (ANNEXURE -E) issued by the Director of Municipal Administration, the 2nd respondent herein, through the 4th respondent, in the interest of justice and equity. c. DMA/2021-22/RU/WORK_INDENT120128/CALL-2 dated 01-02-2022, (PACKAGE-3), (ANNEXURE-F) issued by the Director of Municipal Administration, the 2nd respondent herein, through the 4th respondent, in the interest of justice and equity. d. DMA/2021-22/RU/WORK_INDENT120129/CALL-2 dated 01-02-2022, (PACKAGE-4), (ANNEXURE-G) issued by the Director of Municipal Administration, the 2nd respondent herein, through the 4th respondent, in the interest of justice and equity. e. DMA/2021-22/RU/WORK_INDENT120130/CALL-2 dated 01-02-2022, (PACKAGE-5), (ANNEXURE-H) issued by the Director of Municipal Administration, the 2nd respondent herein, through the 4th respondent, in the interest of justice and equity. f. DMA/2021-22/RU/WORK_INDENT120131/CALL-2 dated 01-02-2022, (PACKAGE-6), (ANNEXURE-J) issued by the Director of Municipal Administration, the 2nd respondent herein, through the 4th respondent, in the interest of justice and equity. g. DMA/2021-22/RU/WORK_INDENT1116975/CALL-2 dated 02-02-2022, (ANNEXURE-K) issued by the Director of Municipal Administration, the 2nd respondent herein, through the 3rd respondent, in the interest of justice and equity. ii. Issue an appropriate writ, order or direction directing the respondents to invite tenders individually work wise, in the interest of justice and equity. - 4 - NC: 2025:KHC:13079 WP No. 3019 of 2022 iii. Pass such other order as this Hon'ble Court deems fit on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity." 2. Heard Smt. Leela P., learned counsel appearing for the petitioner, Sri. Shamanth Naik, learned HCGP appearing for respondent Nos.1 to 3, Sri. Nagarajappa, learned counsel appearing for respondent No.4 and have perused the material on record. 3. This Court, on 21.04.2022, had passed the following order: "Registry to show the name of Sri.A.Nagarajappa for respondent No.4 on whom, copy of the writ petition is said to have been furnished. This petition is listed today to hear on I.A.No.2/2022 for amendment of the writ petition and I.A.No.4/2022 for stay. Learned AGA appearing on behalf of the Government submits that in pursuance of the Tender Notification, Work Order is issued on 03.03.2022. Learned AGA is directed to place on record the Work Order issued in favour of one Sri.Sudarshan H.B., Contractor of M/s.Conc Shade Constructions Pvt. Ltd. Petitioner is at liberty to move the vacation bench. Since the matter is listed today, I.A.No.3/2022 for posting is disposed." 4. No interim order was granted. - 5 - NC: 2025:KHC:13079 WP No. 3019 of 2022 5. On 11.12.2023, on the submission made by the learned counsel appearing for the petitioner, the following order was passed: "Learned counsel for the petitioner submits that the manner in which tender proceedings have been initiated as per Annexures - D to K was subject matter of writ petition before this Court in W.P. No.18374/2021 and this Court, by order dated 07.01.2022 has quashed the tender notifications. The impugned notifications also suffers from the same illegalities. Submission is placed on record. There shall interim order of stay of Annexures - D, G, H, J and K, till next date of hearing. Insofar as Annexure -F, learned counsel for the petitioner submits that tender proceedings has been completed and work order has been issued. The same shall be subject to outcome of this writ petition. ORDER ON I.A. No.2/2022 Learned counsel for the petitioner has filed application seeking amendment of prayer. The same is allowed. Amendment to be carried out within two weeks. Amended petition to be filed within a period of three weeks." 6. Prior to the passage of the said order, much water had flown. 7. Pursuant to the impugned Tender Notification, work order was issued to respondent No.4 on 03.03.2022. Pursuant - 6 - NC: 2025:KHC:13079 WP No. 3019 of 2022 to the issuance of the work order, work also is also executed and completed on 27.03.2023. The bills of respondent No.4 are also said to have been cleared by the competent authorities. Now putting the clock back and considering whether the tender was valid or otherwise, would become an exercise in futility and it is trite that this Court would not issue futile writs. 8. In the light of the said circumstances, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 53