- 1 - NC: 2025:KHC:7473 WP No. 5056 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5056 OF 2025 (LB-RES) BETWEEN: 1. M.D. IRFHAN, S/O ABDUL MANNAN AGED ABOUT 33 YEARS R/AT 13/78/7, PENTION LINE GOWLI STREET, MADIKERI TOWN MADIKERI TALUK, KODAGU DISTRICT 571201. …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY UTS SECRETARY URBAN DEVELOPMENT DEPARTMENT MULY STOY BUILDING DR AMBEDKAR VEEDHI BANGALORE 560 001 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION V V TOWER, 9TH FLOOR DR AMBEDKAR VEEDHI, BANGALORE 560 001 3. THE DEPUTY COMMISSIONER MADIKERI FORT, MADIKERI 571201. 4. THE COMMISIONER CITY MUNICIPAL COUNCIL MADIKERI, KODAGU DISTRICT 571201. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7473 WP No. 5056 of 2025 TENDER NOTIFICATION BEARING MANASA/MALIGE/02/2024- 25 DATED 04/02/2025 CALLED BY THE 4TH RESPONDENT WITH RESPECT TO SHOP PREMISES BEARING NO 31 IN MARKET COMMERCIAL COMPLEX CONSTRUCTED OUT OF 10TH FINANCIAL SCHEME VIDE ANNEXURE-D TO THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner had participated in the auction conducted on 07.11.2024 for letting out shops in the commercial complex constructed by the 4the respondent and was the highest bidder in respect of shop No.31 having offered a sum of Rs.6,200/- as monthly rent. However, the said bid was ultimately rejected and the money paid by him was refunded. 2. Thereafter, a fresh auction notification was called for, by which the auction of the shops was proposed to be conducted afresh on 12.02.2025. - 3 - NC: 2025:KHC:7473 WP No. 5056 of 2025 3. The petitioner had, in fact, preferred Writ Petition No.3826 of 2025 in which he had challenged this tender notification. However, in this petition, it was only contended that the minimum period of fifteen days prescribed under the Karnataka Transparency in Public Procurement Rules, 2000, had not been granted for submission of the tenders and therefore, the notification was invalid. 4. The learned counsel who appeared for the respondent - Municipal Council made a submission that the time for submission of tenders would be extended by a period of seven days i.e., till 19.02.2025, in order to overcome the deficiency. 5. Recording the said submission, the writ petition was disposed of by making it clear that the time granted for submission of tenders stood modified to 19.02.2025 instead of 12.02.2025 and it was - 4 - NC: 2025:KHC:7473 WP No. 5056 of 2025 also held that the in all other respects, the impugned notification would remain valid. 6. In my view, since the petitioner had challenged the tender notification in the aforementioned writ petition and confined his challenge only to the requirement of granting minimum 15 days, it is obvious that he had accepted the return of the earnest money deposit and thereby the rejection of the bid and he cannot once again file another writ petition challenging the very same notification. 7. I am therefore of the view that there is no merit in the writ petition. The petition is accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 1