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2025 DAILYLAW 24196 (KAR)

SREE BYRAVESHWARA ELECTRICALS v. THE MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

WP/12940/2025 · 2025-04-29

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17712 WP No. 12940 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12940 OF 2025 (GM-TEN) BETWEEN: 1. SREE BYRAVESHWARA ELECTRICALS KRS. AGRAHARA, MALLIPALYA NAGENDRA BADAVANE, KUNIGAL TALUK TUMKUR DISTRICT – 572 130. REPRESENTED BY ITS PROPRIETOR SRI V.B.BETTASWAMY S/O LATE BOREGOWDA AGED ABOUT 63 YEARS R/AT VADDARAKRUPPE VILLAGE KOTHGERE HOBLI, KUNIGAL TALUK TUMKUR DISTRICT – 572 120. 2. VIJAYA SHREE TRANSFORMERS AND ELECTRICAL HAVING OFFICE AT, T.M. ROAD HULIYURDURGA, KUNIGAL TALUK TUMKURU DISTRICT – 572 123. REPRESENTED BY ITS PROPRIETOR SRI PRASANNA KUMAR S/O LATE S.R.NAGARAJ AGED ABOUT 55 YEARS T.M.ROAD, HULIYURDURGA KUNIGAL TALUK TUMKURU DISTRICT – 572 123. …PETITIONERS (BY SRI K.N.NITHISH, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17712 WP No. 12940 of 2025 AND: 1. THE MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REP. BY ITS MANAGING DIRECTOR MESCOM BHAVAN, KAVUR CROSS BIJAI, MANGALORE – 575 004. 2. THE SUPERINTENDENT ENGINEER (ELECTRICAL) (PROCUREMENT) MESCOM BHAVAN KAVUR CROSS BIJAI, MANGALORE – 575 004. …RESPONDENTS (BY SMT. D.J.RAKSHITHA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED TENDER NOTIFICATION DATED 19.02.2025 BEARING NO.MESCOM-2024-25-SE0111 AT ANNEXURE D AND NOTIFICATION DATED 19.02.2025 BEARING NO.MESCOM- 2024-25/SE0116 AT ANNEXURE-E AND ISSUED R2. 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 petitioners are before this Court seeking the following order: “A. Issue Writ of Certiorari or any other appropriate writ, order, or direction, quashing the Impugned Tender - 3 - NC: 2025:KHC:17712 WP No. 12940 of 2025 notification dated 19.02.2025 bearing no. MESCOM/2024-25/SE0111 at Annexure D and Notification dated 19.02.2025 bearing no. MESCOM/2024-25/SE0112 at Annexure E issued Respondent No.2. B. Issue Writ of Certiorari or any other appropriate writ, order, or direction, quashing the Impugned order of email rejection dated 04.04.2025 at Annexure G and H bearing No. NIL passed by the 2nd respondent. C. Grant such other order and further relief as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard Sri K.N.Nithish, learned counsel for petitioners and Smt. D.J.Rakshitha, learned counsel for respondents. 3. Learned counsel for respondents submits that the work order has already been issued in terms of the aforesaid tender, on 17.04.2025. 4. In that light, the petition would not be entertainable as the petitioners have remedy of filing an appeal under Section 16 of Karnataka Transparency in Public Procurements Act, 1999. Therefore, the writ petition stands disposed. - 4 - NC: 2025:KHC:17712 WP No. 12940 of 2025 5. All contentions remain open to be arranged before the Appellate Authority including the ones that are urged before this Court. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 67