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2025 DAILYLAW 27423 (KAR)

M/S GANGOTHRI CONSUMER v. THE DEPUTY COMMISSIONER

WP/17099/2021 · 2025-01-13

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1197 WP No. 17099 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 17099 OF 2021 (GM-TEN) BETWEEN: M/S. GANGOTHRI CONSUMER CO-OPERATIVE SOCIETY LTD., HAVING OFFICE AT MARUTHI COLONY, MALUR TALUK, KOLAR DISTRICT, REPRESENTED BY SECRETARY. SRI. SUBRAMANI.H., …PETITIONER (BY SRI. PRASHANTH.P.N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DEPARTMENT OF BACKWARD CLASS AND SOCIAL WELFARE, OPPOSITE TO ETCM HOSPITAL, BANGALORE ROAD, KUMBARPET, KOLAR-560 101. 2. THE CHIEF ACCOUNTS OFFICER, ZILLA PANCHAYATH, KOLAR DISTRICT-560 101. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, KOLAR DISTRICT-560 101. 4. THE ASSISTANT COMMISSIONER, DEPARTMENT OF TAX AND COMMERCE, KOLAR DIVISION, KOLAR-560 101. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1197 WP No. 17099 of 2021 5. THE SECRETARY, APMC, KOLAR DISTRICT-560 101. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 4; R5-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Prashanth.P.N., counsel for the petitioner and Sri.Mahantesh Shettar., AGA for respondents 1 to 4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned proceedings of the Tender Scrutiny Committee dated 26.08.2020 constituted to process the bids of the Tenderer in E-Tender issued by the Deputy Commissioner vide Notification bearing No.DBSDKO/VANISHA/ AHARA/C.R-02/2021 dated 07.05.2020 for supply of Groceries and Vegetables to the Post and Pre-Metric Hostels situated at Mulabagilu and Kolar Taluks for the year 2020-21 as far as the petitioner Society is concerned vide Annexure-B. - 3 - NC: 2025:KHC:1197 WP No. 17099 of 2021 3. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that as of today, the Tender has spent itself. However, as far as the petitioner is concerned, certain observations are made that the petitioner has no experience of supplying vegetables and groceries and expertise only in preparation of food. It is contended that the petitioner has experience in supply of vegetables and groceries. To substantiate the said contention, the petitioner has filed an affidavit and also furnished Annexure-E series. A perusal of the Writ papers reflects that the petitioner appears to have supplied vegetables and groceries. Needless to say that food will be prepared only after purchase of vegetables and groceries. Hence, the observation made by the Tender Scrutiny Committee as far as the petitioner is liable to be quashed and so it is quashed. 5. The Writ of Certiorari is ordered. The proceedings of the Tender Scrutiny Committee dated 26.08.2020 as far as the petitioner is concerned is quashed. - 4 - NC: 2025:KHC:1197 WP No. 17099 of 2021 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 23