- 1 - HC-KAR NC: 2025:KHC:20060 WP No. 12339 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12339 OF 2022 (GM-TEN) BETWEEN: 1. SRI VEERABHADRESWARA TRADERS REP BY ITS PROPRIETOR SRI DHARMAPPA R S/O RAMAPPA AGED ABOUT 42 YEARS MAIN ROAD CROSS NEAR SYNDICATE BANK SORABA, SORABA TALUK SHIMOGA DISTRICT - 577 429 IT IS REGISTERED UNDER KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1961. …PETITIONER (BY SRI. VIJAYA RAGHAVA SARATHY, ADVOCATE) AND: 1. KARNATAKA RESIDENTIAL EDUCATIONAL INSITUTIONS SOCIETY (AN ORGANISATION OF GOVT. OF KARNATAKA REP BY ITS EXECUTIVE DIRECTOR NO.8, 6TH FLOOR, CUNNINGHAM ROAD BENGALURU - 560 0052 ... RESPONDENT (BY SRI. SRINIVASA C., ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20060 WP No. 12339 of 2022 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED E-PROCUREMENT TENDER NOTIFICATION BEARING NO.KREIS/2021-22/IND301/CALL-2, DATED 13.06.2022 FOR SHIVAMOGGA DISTRICT (ANNEXURE-B) AND TENDER NOTIFICATION BEARING NO.KREIS/2021-22/IND297/CALL-2 DATED 13.06.2022 FOR CHIKKAMAGALUR DISTRICT (ANNEXURE-A) IN SO FAR AS IT PERTAINS TO PRESCRIBING CONDITION IN ELIGIBILITY CRITERIA AT CLAUSE-2 (2) AND CLAUSE-2(3) PRESCRIBING THE BIDDER SHOULD HAVE AVERAGE ANNUAL TURNOVER EQUAL TO THE VALUE OF THE BID AMOUNT DURING PRECEDING 3 FINANCIAL YEARS FROM 2018-2021 AND PRESCRIBING SUPPLY OF PERISHABLE/NON- PERISHABLE FOOD ITEMS WITH A ANNUAL AVERAGE TURN OVER NOT LESS THAN 70 PERCENT OF THE BID AMOUNT DURING PRECEDING THREE FINANCIAL YEARS 2018-21 OF THE TENDER NOTIFICATION ARE CONCERNED ISSUED BY THE RESPONDENT IS ILLEGAL AND IN OPERATIVE AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioner has filed a memo which reads as hereunder: "The petitioner in the above case respectfully pray that this Hon'ble Court be pleased to permit the petitioner to withdraw the above case as the term of the tender is already expired. In view of the same the present petition does not survive for - 3 - HC-KAR NC: 2025:KHC:20060 WP No. 12339 of 2022 consideration and hence the same be pleased to dispose of having become infructuous, in the interest of justice and equity." 2. In light of the memo filed, petition is dismissed as having become infructuous. Sd/- (S SUNIL DUTT YADAV) JUDGE VP