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High Court of Karnataka · body

2025 DAILYLAW 18036 (KAR)

VIDYUTH GUTHIGE VAHANA MALIKARA MATHU CHALAKARA SANGHA (R) v. MANGALORE ELECTRICITY SUPPLY COMPANY LTD.,

WP/5271/2023 · 2025-03-04

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:9261 WP No. 5271 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. 5271 OF 2023 (GM-TEN) BETWEEN: 1. VIDYUTH GUTHIGE VAHANA MALIKARA MATHU CHALAKARA SANGHA (R) REGN. NO.DRSH/SOR/219/2021-22 VIDYA NAGARA, SHIVAMOGGA – 577 203 REPRESENTED BY ITS PRESIDENT S/O G.C.RAVIKUMAR S/O SRI G.P.CHANDRASHEKARAPPA REG. UNDER CO-OPERATIVE SOCIETIES ACT. 2. M/S. VAISHNAVI TRAVELS REPRESENTED BY ITS PROPRIETOR SRI G.C.RAVIKUMAR S/O SRI G.P.CHANDRASHEKARAPPA AGED ABOUT 49 YEARS R/AT M/S. VAISHNAVI TRAVELS 8TH CROSS, HUCHAGANGAMMANA BEEDI VIDYA NAGARA, SHIVAMOGGA – 577 203. 3. SRI S.R.MOHAN S/O LATE S.RAMESHWARAPPA AGED ABOUT 42 YEARS M/S. CHAITRA TRAVELS BASAVANAGUDI, 2ND CROSS SHIVAMOGGA – 577 203. …PETITIONERS (BY SMT. LAKSHMIDEVI K., ADVOCATE FOR Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9261 WP No. 5271 of 2023 SRI PRASANNA V. R., ADVOCATE) AND: 1. MANGALORE ELECTRICITY SUPPLY COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR CORPORATE OFFICE, MESCOM BHAVANA KAVOORU CROSS ROAD, BEJAI MANGALORE, D.K.DISTRICT – 575 004. 2. THE CHIEF MANAGER (ADMIN AND HRD) MESCOM BHAVANA, KAVOORU CROSS ROAD BEJAI, MANGALORE D.K.DISTRICT – 575 004. 3. THE SUPERINTENDING ENGINEER (PROCUREMENT) MESCOM LTD., MESCOM BHAVANA KAVOORU CROSS ROAD, BEJAI MANGALORE, D.K.DISTRICT – 575 004. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ENERGY VIKAS SOUDHA, BENGALURU – 560 001. …RESPONDENTS (BY SMT. RAKSHITHA D. J., ADVOCATE FOR R1 TO R3; SRI SHAMANTH NAIK, HCGP FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE TENDER NOTIFICATION DTD 01.02.2023 IN NO.MESCOM/I/20124/2022/CALL-2 ISSUED BY THE R-3 SUPERINTENDED ENGINEER (PROCUREMENT), MESCOM., D.K DIST. INVITING TENDER FOR AVAILING SERVICE OF HIRED VEHICLES 210 IN NUMBERS FROM THE PROPRIETORSHIP FIRM/PARTNERSHIP FIRM, COMPANIES, GOVT RECOGNIZED ORGANIZATION, GOVT - 3 - NC: 2025:KHC:9261 WP No. 5271 of 2023 OWNED ENTERPRISES, REGISTERED AND INCORPORATED IN INDIA UNDER RELEVANT ACT, VIDE ANNX-A FOLLOWED WITH TENDER BULLETIN VIDE ANNX- A-1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 prayer: “(i) Issue a Writ of Certiorari, quashing the Tender Notification dated 01.02.2023 in No.MESCOM/I/20124/2022/CALL-2 issued by the 3rd Respondent Superintendent Engineer (Procurement), MESCOM., D.K.District, inviting tender for availing services of hired vehicles 210 in numbers from the Proprietorship Firm/Partnership Firm, Companies, Government recognized organization, Government owned enterprises, registered and incorporated in India under relevant Act, vide Annexure – A, followed with tender bulletin, vide Annexure-A-1. (ii) Issue a Writ of Mandamus, The Petitioners have also sought for a Writ of Mandamus, directing the Respondent No.1 to consider the Representation/Objections dated 29.06.2022 and 20.01.2023, vide Annexure – B and B-1 respectively, instead of proceeding with the tender process in terms of Notification Annexure –A.” 2. Smt. Rakshitha D.J., learned counsel for respondent Nos.1 to 3 places a memo along with the documents to depict - 4 - NC: 2025:KHC:9261 WP No. 5271 of 2023 that the impugned tender has been shelved on the score of manifold reason. 3. As the tender notification itself being cancelled, nothing further survives for consideration. Therefore, the writ petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 76 CT:SS