- 1 - HC-KAR NC: 2025:KHC:18838 WP No. 14259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14259 OF 2025 (GM-TEN) BETWEEN: 1. M/S E RAMAKRISHNA RAO REPRESENTED BY ITS MANAGING PARTNER SRI VIJAYAKUMAR, S/O E RAMAKRISHNA RAO, AGED ABOUT 53 YEARS, RESIDING AT NO.1760/26, RAMALEELA BUILDING, 1ST MAIN, 3RD CROSS, SARASWATHI NAGAR, DAVANGERE - 577 004 2. M/S VIJAYAKIRAN ASSOCIATES HANDLING AND TRANSPORT CONTRACTORS, REPRESENTED BY ITS MANAGING PARTNER, SRI KIRAN KUMAR. R S/O E RAMAKRISHNA RAO, AGED ABOUT 48 YEARS, RESIDING AT NO.1760/26, SREE MAHARSHI VALMIKI ROAD, SARASWATHI NAGAR C BLOCK, VINAYAKA BADAVANE OPP. DHABHASTOP, NITTUVALLI, DAVANGERE - 577 004 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18838 WP No. 14259 of 2025 BOTH FORMS ARE PARTNERSHIP FIRM THE IS REGISTER ON THE FORM GST REG-06, GOVERNMENT OF INDIA … PETITIONERS (BY SMT. SARITHA A L., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL AND CONSUMERS AFFAIRS DEPARTMENT VIKASA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER FOOD AND CIVIL AND CONSUMERS AFFAIRS DEPARTMENT, NO.8, CUNNINGHAM ROAD, BENGALURU - 560 052. 3. THE DEPUTY COMMISSIONER, AND PRESIDENT, TECHNICAL BID EVALUATION COMMITTEE, DAVANGERE DISTRICT, DAVANGERE - 577 004 4. THE DEPUTY DIRECTOR, FOOD AND CIVIL SUPPLIES DEPARTMENT, DAVANGERE DISTRICT, DAVANGERE - 577 004 - 3 - HC-KAR NC: 2025:KHC:18838 WP No. 14259 of 2025 5. SRI SARVA SIDDI VINAYAKA TRANSPORT, REPRESENTED BY ITS PROPRIETOR - SRI K G RANJITH, S/O RAVIKUMAR AGED ABOUT 35 YEARS, R/AT BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301 … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R4; SRI CHANDRASHEKAR L., ADVOCATE FOR C/R5) THIS W.P. IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 07.04.2025 IN APPEAL NO. ANASA 180 RPR 2024 (1600085) PASSED BY THE R-1 A COPY OF WHICH IS PRODUCED AT ANNEXURE-H AND DIRECT THE RESPONDENTS TO PROCEED WITH THE TENDER PROCESS TO MEET THE ENDS OF JUSTICE 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 The petitioner has sought for setting aside of the order at Annexure-H passed in Appeal No.ANASA 180 RPR 2024 (1600085) by the first respondent and to direct the respondents to proceed with the tender process. - 4 - HC-KAR NC: 2025:KHC:18838 WP No. 14259 of 2025 2. It is to be noticed that the second respondent had approached the Commissioner and the Appellate Authority challenging the acceptance of technical bid. The said appeal came to be rejected as per the order passed at Annexure-D, which was subsequently taken up in appeal and order was passed on 07.04.2025. By virtue of the said order passed in appeal, the grant of tender and acceptance of bid was set aside. 3. The petitioner whose bid was accepted submits that pursuant to the tender, petitioner is proceeding to adhere to the tender conditions and the order passed by the Appellate Authority and the order passed by the Appellate Authority through the Secretary, Food and Civil Supplies Department is riddled with procedural infirmities as two orders at Annexure-H and J regarding the same subject matter are passed with different conditions. 4. It is further submitted that the petitioner whose technical bid was accepted was not arrayed as party in the - 5 - HC-KAR NC: 2025:KHC:18838 WP No. 14259 of 2025 appeal proceedings at Annexure-D before the Commissioner. 5. Needless to state that the proceedings before the Commissioner could not have been entertained in the absence of petitioner whose technical bid was already accepted as on the said date. The subsequent event would reveal that the petitioner has been performing in terms of the tender and work order issued. 6. In light of the fact that second petitioner was not arrayed as party in the proceedings at Annexure-D and noticing the procedural irregularity insofar as order at Annexure-H and J passed on the same day with different contents, the order at Annexure-D, H and J are set aside. The matter is remitted to the stage of appeal before the Commissioner, Food and Civil Supplies Department. All contentions of the parties are kept open. 7. Needless to state, in light of dispute relating to tender matters, the authorities to conduct proceedings and - 6 - HC-KAR NC: 2025:KHC:18838 WP No. 14259 of 2025 pass orders expeditiously. The second respondent- Commissioner is to decide the matter within a period of two months as regards the appeal and proceedings as reflected in the order at Annexure-D and conclude the same within a period of two months. 8. Liberty is reserved to the private respondents to implead the appropriate parties as may be found necessary in the proceedings referred to above including the petitioners herein. Sd/- (S SUNIL DUTT YADAV) JUDGE NP