- 1 - NC: 2025:KHC:18274 WP No. 19077 of 2024 C/W WP No. 11154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19077 OF 2024 (GM-TEN) C/W WRIT PETITION NO. 11154 OF 2024 (GM-TEN) IN WP NO. 19077/2024 BETWEEN: LUMAN INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: 21, HEMANTA BASU SARANI CENTER POINT, 3RD FLOOR ROOM NO.312, KOLKATA WEST BENGAL - 700 001 ALSO HAVING ITS CORPORATE OFFICE AT G-10, UDYOG VIHAR NEW DELHI - 110 041 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. DEEN BANDHU TIWARI EMPLOYEE, MARKETING DEPARTMENT. …PETITIONER (BY SMT. NIKITHA SURABHI, ADVOCATE FOR SRI. ADITYA CHATARJEE, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ITS CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, POST BAG NO.2778, K.H. ROAD Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18274 WP No. 19077 of 2024 C/W WP No. 11154 of 2024 SHANTHINAGAR, BENGALURU KARNATAKA - 560 027 REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. NEEL KANTAPPA .K. PUJAR, HCGP FOR R1 SRI. B.L. SANJEEV, ADVOCATE FOR R2) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO A) QUASH THE IMPUGNED TURNOVER CLAUSE REQUIRING BIDDERS TO HAVE A MINIMUM ANNUAL AVERAGE TURNOVER OF INR 100 CRORES FOR THE PRECEDING CONTINUOUS THREE YEARS IN TERMS OF CLAUSE 1(A) IN THE TERMS AND CONDITIONS OF ANNEXURE B OF THE TENDER NOTIFICATION DATED 30 MAY 2024 BEARING NO. KSRTC/2024-25/IND0098 ISSUED BY R2, FILED AS ANNEXURE-A OF THIS WP AND ETC., IN WP NO. 11154/2024 BETWEEN: LUMAN INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: 21, HEMANTA BASU SARANI CENTER POINT, 3RD FLOOR ROOM NO.312, KOLKATA WEST BENGAL - 700 001 ALSO HAVING ITS CORPORATE OFFICE AT G-10, UDYOG VIHAR, NEW DELHI - 110 041, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. DEEN BANDHU TIWARI EMPLOYEE. …PETITIONER (BY SMT. NIKITHA SURABHI, ADVOCATE FOR SRI. ADITYA CHATARJEE, ADVOCATE) AND: 1. STATE OF KARNATAKA - 3 - NC: 2025:KHC:18274 WP No. 19077 of 2024 C/W WP No. 11154 of 2024 THROUGH ITS CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, POST BAG NO.2778, K.H. ROAD SHANTHINAGAR, BENGALURU KARNATAKA - 560 027 REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. NEEL KANTAPPA .K. PUJAR, HCGP FOR R1 SRI. B.L. SANJEEV, ADVOCATE FOR R2) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO A) QUASH THE IMPUGNED TURNOVER CLAUSE REQUIRING BIDDERS TO HAVE MINIMUM ANNUAL AVERAGE TURNOVER OF INR 100 CRORES FOR THE PRECEDING CONTINUOUS THREE YEARS IN TERMS OF CLAUSE 1(A) IN THE TERMS AND CONDITIONS OF ANNEXURE B OF THE TENDER NOTIFICATION DATED 17 FEBRUARY 2024 BEARING NO. KSRTC/2023-24/IND0072 ISSUED BY R2. FILED AS ANNEXURE-A OF THIS PETITION AND ETC., THESE PETITIONS, COMING ON FOR HEARING INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Writ Petition No.11154/2024 is filed challenging the tender notification dated 17.02.2024 bearing No.KSRTC/2023- 24/IND0072 issued by respondent No.2 as per Annexure-A. - 4 - NC: 2025:KHC:18274 WP No. 19077 of 2024 C/W WP No. 11154 of 2024 2. Writ Petition No.19077/2024 is filed challenging the tender notification dated 30.05.2024 bearing No.KSRTC/2024- 25/IND0098 issued by respondent No.2 as per Annexure-A. 3. This Court by order dated 18.04.2024 passed in W.P.No.11154/2024 and order dated 19.07.2024 passed in W.P.No.19077/2024 had granted an interim order staying processing of the aforesaid tenders. 4. Today, learned counsel for the respondent/corporation has filed a memo in Writ petition No.19077/2024 along with proceedings of the CMG meeting held on 18.03.2025. 5. The Memo reads as under: " The Respondent (KSRTC) in this writ petition respectfully submits that in the CMG meeting held on 18.03.2025, the respondent has resolved to revise the existing criteria for the procurement value of all four components, copy of the proceedings of the said meeting is enclosed for kind perusal of this Hon'ble Court. In View of the above, the respondent respectfully prays that this Hon'ble Court may be pleased to permit them to withdraw the tender notification under challenge in this writ petition reserving liberty to the respondent to issue fresh tender notification incorporating the revised pre-qualification criteria, in the interest of Justice." - 5 - NC: 2025:KHC:18274 WP No. 19077 of 2024 C/W WP No. 11154 of 2024 6. Reiterating the contents of the memo, learned counsel for the respondent/corporation submits that the respondent/corporation is intending to withdraw the tender in question and further seeks permission of this Court to issue fresh tender with the fresh conditions/ criteria. 7. Learned counsel for the petitioner on the other hand submit that if the respondent/corporation is withdrawing the tender in question, they have no objection. It is further submitted that the petitioner be reserved liberty to participate in the tender i.e., intended to be issued afresh by the respondent authorities. 8. Needless to state, if a fresh tender is issued, petitioner is always at liberty to participate in the tender, subject to satisfaction of the conditions of the tender. 9. As regards the writ petition in W.P.No.11154/2024 it is submitted that tender subject matter of the said petition has also been withdrawn. 10. Since, the respondent/corporation has undertaken to withdraw the tender in question and thereafter to issue a fresh tender notification, nothing survives for considering in - 6 - NC: 2025:KHC:18274 WP No. 19077 of 2024 C/W WP No. 11154 of 2024 W.P.No.19077/2024. Similar is the case in respect of W.P.No.11154/2024. Hence, the petitions are dismissed having become infructuous. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 126