- 1 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 167 OF 2025 (GM-TEN) BETWEEN: 1. THE KARANTAKA STATE RATION FOOD GRAIN WHOLESALE AND RETAIL TRANSPORTATION CONTRACTORS ASSOCIATION (R) HAVING ITS OFFICE AT NO.173/A 1ST BLOCK, 7TH CROSS 19TH MAIN, RAJAJINAGAR BENGALURU - 560 010 REPRESENTED BY ITS DIRECTOR SRI. MALLIKARJUN C. KOTTALAGI S/O. CHANDRASHEKAR AGED ABOUT 48 YEARS 2. M/S. SANGAMESHWAR TRANSPORT REPRESENTED BY ITS PARTNER SRI. MOULALI G. NAZARI S/O GOUSEMODDIN AGED ABOUT 52 YEARS INDIRA AUTO NAGAR STATION BACK ROAD VIJAYAPURA (D) 586 101 3. M/S SRI. BASAVESHWARA TRANSPORT REPRESENTED BY PROPRIETOR SMT. UMADEVI W/O. JAMBANNA AGED ABOUT 40 YEARS APMC YARD, 5TH GATE SINDHANUR ROAD Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 MANVI, RAICHUR DISTRICT - 584 123 4. SRI RACHAPPA S. MANNANGI S/O SHIVARUDRAPPA MANNANGI AGED ABOUT 87 YEARS 511, NEGLURU ROAD, GUTTAL, HAVERI (D) 581 108 5. M/S SRI SAGAR TRANSPORT REPRESENTED BY PROPRIETOR SRI. LAXMAN S. KAMATE S/O SATHYAPPA AGED ABOUT 56 YEARS No.255, VAIBAV SHASTRI NAGAR, BELAGHAVI- 590 001 6. SRI RAVIKUMAR A PATTANASHETTY S/O. ANDANAPPA AGED ABOUT 56 YEARS KARIYAMMA KALLA BADAVNE GADAG - 582 101 7. SRI. SIDDALINGAPPA A. PATTANASHETTY S/O. ANANAPPA AGED ABOUT 56 YEARS TENGINAKAI BAZAR BETAGERI, GADAG - 582 102 8. M/S KURLE TRANSPORT CO. REPRESENTED BY PROPRIETOR SRI RAJASHEKAR MALLIKARUJN KURLE S/O. MALLIKARJUNA KURLE AGED ABOUT 54 YEARS CST No.1393/E, WARD No.13, GANAPATHY CHOWK, SHAPET ROAD VIJAYAPURA, VIJAYAPURA (D) - 586 101 9. M/S. KURLE ROADLINES REPRESENTED BY PROPRIETOR SRI MAHESH MALLIKARJUN KURLE S/O MALLIKARJUN KURLE AGED ABOUT 52 YEARS CTS No.1773/B, WARD No.3 - 3 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 INDIRA AUTO NAGAR, STATION BACK ROAD VIJAYAPURA, VIJAYAPURA (D) - 586 101 10. M/S. SELECT LOGISTICS, REPRESENTED BY PARTNER SRI SHAHNAWAZ GOUSMUDDIN NAZARIA S/O. GOUSMUDDIN NAZARIA AGED ABOUT 54 YEARS INDIRA AUTO NAGAR STATION BACK ROAD VIJAYAPURA - 586 101 11. M/S. G.S. MULAGUND REPRESENTED BY PROPRIETOR SRI. GOVINDARAJ MULAGUND S/O. SHUBASH AGED ABOUT 49 YEARS CTS, No.30 WARD No.7 OLD KIRANA MARKET BAGALKOTE - 587 101 12. M/S N J PATHAN REPRESENTED BY PARTNER SRI. R.N. PATHAN S/O. NAZARMADKHAN AGED ABOUT 52 YEARS MARKET ROAD, JUMMA BAZAR SAVANUR TALUK, HAVERI (D) - 581 118 13. M/S. S.G. TRANSPORT REPRESENTED BY PARTNER SRI HARISH AGARWAL S/O NEMICHAND AGARWAL AGED ABOUT 60 YEARS K K COLONY, JAL NAGAR VIJAYAPURA VIJAYAPURA (D) 586 109 14. M/S. SUNNY ROADLINES REPRESENTED BY PARTNER SRI SANGAMESH HATTI S/O MALLIKARJUN HATTI - 4 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 AGED ABOUT 38 YEARS GANDHI-GUNJ, MOTHI BAZAR BIDAR - 585 403 15. M/S. REVANNA SIDDESHWARA TRANSPORT CO. REPRESENTED BY PARTNER SRI RAJKUMAR S/O MALLIKARJUN ULLE AGED ABOUT 39 YEARS HOSPET GALLI, BASAVAKALYAN BIDAR - 585 327 16. M/S. RENUKA TRANSPORT REPRESENTED BY PARTNER SRI SURESH HANAGAL S/O ESHWARAPPA HANAGAL AGED ABOUT 72 YEARS OPP. OLD Z P OFFICE, KOPPAL KOPPAL - 583 231 …APPELLANTS (BY SRI M.K. PRUTHVEESH, ADVOCATE FOR SMT. SARITHA A L, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP: BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIED DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 2. THE COMMISSIONER DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS CUNNINGHAM RD BENGALURU KARNATAKA - 560 058 3. THE JOINT DIRECTOR O/O THE COMMISSIONER DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS CUNNINGHAM RD BENGALURU KARNATAKA - 560 058 - 5 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 4. THE DEPUTY COMMISSIONER AND ALSO PRESIDENT TECHNICAL EVALUATION COMMITTEE OFFICE OF THE DEPUTY COMMISSIONER VIJAYPURA VIJAYAPURA (D) 586 101 …RESPONDENTS (BY SRI K.S.HARISH, GOVERNMENT ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 30.01.2025 IN WP No. 7878/2025 AND CONSEQUENTLY AND GRANT AN INTERIM ORDER AS PRAYED FOR, STAYING THE IMPUGNED E-TENDER NOTIFICATION ISSUED BY THE ND RESPONDENT AUTHORITY DATED 21.01.2025 VIDE ANNEXURE-J AND E-TENDER NOTIFICATION ISSUED BY THE 2ND RESPONDENT AUTHORITY DATED 21.01.2025 VIDE ANNEXURE-K TO MEET THE ENDS OF JUSTICE ONLY IN RESPECT OF CONTRACT HEREIN IN SINGLE BIDDER IN THE EARLIER TENDER. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 6 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The writ petition is pending before learned Single Judge wherein the prayer made by the petitioners is to set aside the E-Tender Notification dated 21.01.2025. In the proceedings of the writ petition, learned Single Judge passed order dated 24.01.2025 which was at the request of learned Senior Advocate appearing for the petitioners seeking to implead individual tenderers who are the members of the petitioner- Association. 2. Thereafter, on 30.01.2025 learned Single Judge passed the following order, "A week's time is granted to the respondents to file statement of objections." 3. Essentially, it is against the aforesaid order dated 30.01.2025 that the appellate jurisdiction of this Court is invoked. 4. It is immediately noticeable that the aforesaid order neither reflects anything on merits nor decides any lis. It only grants time to the respondents to file objections. There is no trapping whatsoever of finality in the order. The writ petition is pending at - 7 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 large to be considered on merits for its prayers made as mentioned above. 5. The only submission which learned advocate Mr. M.K. Pruthveesh for learned advocate Smt. A.L. Saritha for the petitioners, urged before the Court was that in the tender process the date for opening of the financial bid is today and that the third party rights, if created, would render the petition virtually a fait accompli. 6. Even the said submission could not be countenanced, inasmuch as when the Court put a query to learned advocate for the petitioners as to whether the petitioners approached learned Single Judge for early and immediate hearing of the matter including in respect of grant of interim order, in wake of what was submitted before this Court, namely that the last date of opening of the financial bid is today, learned advocate for the petitioners had no answer and he was entirely at his receiving end not able to state before the Court that the petitioners had made any such attempt to request learned Single Judge. - 8 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 6.1 The petitioners could have requested learned Single Judge and sought for appropriate order on merits and in accordance with law even during the pendency and pending the filing of statement of objections by the other side. 6.2 No case is made out to entertain in any manner the present writ appeal. 7. However, this Court grants the petitioners at liberty to approach learned Single Judge and put forward their case including on the grounds what is submitted before this Court namely that the financial bid is to be open today and that it is likely that the third party rights will be created. 7.1 Writ Petition No.1878 of 2025 shall therefore be listed peremptorily before learned Single Judge tomorrow that is on 06.02.2025. The appellants-petitioners shall be entitled to make appropriate request before learned Single Judge for taking up the matter urgently, and may raise all the contentions and prayers to be considered in accordance with law. - 9 - NC: 2025:KHC:5259-DB WA No. 167 of 2025 8. With the above limited observations, the appeal is not entertained. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE CR List No.: 1 Sl No.: 37