- 1 - NC: 2025:KHC:9167 WP No. 5609 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. 5609 OF 2023 (GM-TEN) BETWEEN: M/S VEERABHADRESHWARA TRADERS CHAMRAJPET, NEAR CANARA-SYNDICATE BANK, SORABA, SHIVAMOGGA DISTRICT - 577429 REP. BY ITS PROPRIETOR, MR. DHARMAPPA R S/O SRI. RAMAPPA AGED ABOUT 43 YEARS …PETITIONER (BY SRI. IRISHAD AHMED B M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, VIKAS SOUDHA, BANGALORE - 560001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9167 WP No. 5609 of 2023 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALUR - 577101 3. PROJECT COORDINATOR, COMPREHENSIVE TRIBAL DEVELOPMENT DEPARTMENT, CHIKKAMAGALUR - 577101 4. MR. B. PRAKASH PROPRIETOR, M/S ABHISHEK TRADERS, SY. NO.86, PLOT NO.1G, 2B, HUTAGALLI, MYSURU - 570001 …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3; SRI. PRITHVI RAJ B.N., ADV. FOR C/R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 02.02.2023 MADE IN APPEAL NO.443/203 PASSED BY THE R-1 VIDE ANNX-A; DIRECTING THE R-1 TO 3 TO PERMIT THE PETITIONER TO CONTINUE SUPPLY OF FOOD ITEMS AS PER THE WORK ORDER DTD 25.11.2022 VIDE ANNX-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9167 WP No. 5609 of 2023 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: "1. To issue a writ or order or direction in the nature of certiorari quashing the impugned order dated 02.02.2023, made in Appeal No.443/2023 passed by the 1st respondent vide Annexure-A, in the interest of justice and equity. 2. To issue a writ or order or direction in the nature of mandamus directing the respondent Nos.1 to 3 to permit the petitioner to continue supply of food items as per the work order dated 25.11.2022, vide Annexure-C, in the interest of justice and equity. 3. GRANT such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case." 2. Heard the learned counsel Sri.Irishad Admed B.M., appearing for the petitioner, the learned High Court Government Pleader Sri.Shamantha Naik, appearing for respondent Nos.1 to 3 and the learned counsel Sri.Prithvi Raj B.N., appearing for caveator/respondent No.4. - 4 - NC: 2025:KHC:9167 WP No. 5609 of 2023 3. The facts, in brief, germane are as follows: The District Level Tender Scrutiny Committee after scrutiny of the tender document is said to have finalized the said tender and issued work order to the petitioner, who had deposited Rs.24,00,000/- towards security deposit in the name of the third respondent - Project Coordinator. Pursuant to the work order and security deposit, it is the averment in the petition that the petitioner had fulfilled all the requisite conditions for allotment of supply of food items to the hostels coming within the first respondent. 4. It is the case of the petitioner that the fourth respondent had approached the Appellate Authority by preferring an appeal against the work order being issued to the petitioner in appeal No.443/2023. The Appellate Authority without issuance of any notice to the petitioner in favour of whom work order is issued cancels the tender granted to the petitioner. The order of the Appellate Authority canceling the tender is only communicated to the petitioner through the first respondent at a later point in time that too through WhatsApp. - 5 - NC: 2025:KHC:9167 WP No. 5609 of 2023 It is therefore, the petitioner is before this Court, in the subject petition. 5. Learned counsel for the petitioner would reiterate the averments made in the petition to contend that the Appellate Authority could not have cancelled the tender, which was awarded in favour of the petitioner without hearing him. The order is in violation of principles of natural justice is the submission of the learned counsel for the petitioner. 6. Per contra, the learned High Court Government Pleader though would seek to refute the submissions is not in a position to dispute the fact that the Appellate Authority allows the appeal in favour of the fourth respondent canceling the tender awarded in favour of the petitioner. 7. Therefore, it becomes an admitted fact that the Appellate Authority prior to cancellation of tender awarded in favour of the petitioner by the Tender Scrutiny Committee did not issue notice to the petitioner. This is an admitted fact, as the fourth respondent - the appellant also admits that no notice - 6 - NC: 2025:KHC:9167 WP No. 5609 of 2023 was issued. In that light, the order would be rendered a nullity for the reason that it is passed in violation of principles of natural justice. On this short score, the order is rendered unsustainable, which would lead to its obliteration. 8. For the aforesaid reasons, the following: ORDER i) The writ petition is allowed; ii) The order dated 02.02.2023 passed in Appeal No.443/2023 stands quashed; iii) The matter is remitted back to the hands of the Appellate Authority to hear the petitioner and pass necessary orders, if the rights of the parties would subsists even today. Ordered accordingly. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 41