SOUTHERN TRANSPORT AND SUPPLIES CORPORATION v. THE COMMISSIONER
WP/7118/2025 · 2025-03-18
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19541 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19541 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11154 WP No. 7118 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7118 OF 2025 (GM-TEN) BETWEEN:
SOUTHERN TRANSPORT AND SUPPLIES CORPORATION, SOLE PROPRIETOR, MR. FAYAZ PASHA, S/O LATE S AMEER JAN, AGED 62 YEARS, R/AT 2244, 5TH CROSS, BASAVESHWARA ROAD, K.R.MOHALLA, MYSORE - 04. …PETITIONER (BY SRI. CHANDRASHEKAR L, ADVOCATE) AND:
THE COMMISSIONER, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DEPARTMENT NO. 8, CUNNINGHAM ROAD, SAHAKARA BHAVAN, BANGALORE - 560 052. …RESPONDENT (BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS. ISSUE A WRIT OF MANDAMUS TO FINALIZE THE TENDER PROCESS, BY CONSIDERING THE REPRESENTATION
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:11154 WP No. 7118 of 2025
OF THE PETITIONER DATED 27.02.2025 FOR AWARDING CONTRACT ISSUING WORK ORDER FOR KRISHNARAJA NAGAR TALUK, BY CONSIDERING CONDITION NO 15 OF THE TENDER NOTIFICATION DTD. 12.08.2024 PRODUCED AT ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 a writ of mandamus to finalize the tender processes, by considering the representation of the petitioner dated:27/2/2025, for awarding contract issuing work order for KRISHNARAJA NAGAR TALUK, by considering condition no 15 of the Tender notification Dated:12/8/2024, produced at ANNEXURE A.
ii) Pass any such order or orders as this Hon'ble Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity."
2. Heard Shri Chandrashekar L., learned counsel appearing for the petitioner and Shri Shamanth Naik, learned High Court Government Pleader appearing for the respondent.
3. The petitioner is a participant pursuant to a tender notification issued on 12.08.2024. The petitioner emerges not only as a successful bidder, but the sole bidder pursuant to the
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NC: 2025:KHC:11154 WP No. 7118 of 2025
tender notification. Work order is not issued. Therefore, the petitioner is at the doors of this Court seeking a direction to consider the representation of the petitioner.
4. The representation of the petitioner is for issuance of work order, inter alia. If the petitioner is the sole bidder, the tender itself could not have been taken forward by the State. Therefore, there is no direction to the State to commit any illegality by directing consideration of representation, but it is open for the petitioner to participate in any future tender that would be and if notified by the State.
With the aforesaid observations, the petition stands
disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 34 CT: BHK