- 1 - NC: 2025:KHC:9604 WP No. 22559 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22559 OF 2024 (GM-TEN) BETWEEN: M/S. SRI MARUTHI ROCK DRILLERS NO.5034, PRESTIGE WEST WOODS 5TH TOWERS, 3RD FLOORS GOPALANPURA BENGALURU – 560 023 REPRESENTED BY ITS PARTNER SRI M.SARAVANAN. …PETITIONER (BY SRI PATTABI C., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA BACKWARD CLASSES WELFARE DEPARTMENT ROOM NO.133, VIKAS SOUDHA BENGALURU – 560 001 REPRESENTED BY THE UNDER SECRETARY. 2. THE DEVARAJ URS BACKWARD CLASSES DEVELOPMENT CORPORATION NO.16-D, 4TH FLOOR DEVARAJ URS BHAVAN MILLERS TANK BUND AREA VASANTH NAGAR BENGALURU – 560 052 REPRESENTED BY ITS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9604 WP No. 22559 of 2024 MANAGING DIRECTOR. …RESPONDENTS (BY SRI SHAMANTH NAIK, HCGP FOR R-1; SRI M.S.DEVARAJU, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION AS MAY BE DEEMED EXPEDIENT IN THE CIRCUMSTANCES OF THE CASE, BY QUASHING THE ORDER BEARING NO.»AªÀPÀ 700 ©JAJ¸ï 2023, dated 26.12.2023 PASSED BY BLACKLISTING THE PETITIONER FROM PARTICIPATING IN THE TENDERS OF DRILLING BOREWELL IN GANGA KALYAN YOJANA BY THE R1- ANNX-A. THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 26-12-2023 by which the petitioner/contractor is blacklisted and is restrained from participating in any of the future tenders under the Ganga kalyana yojana. 2. Heard Sri C Pattabi, learned counsel appearing for petitioner, Sri Shamanth naik, learned High Court Government - 3 - NC: 2025:KHC:9604 WP No. 22559 of 2024 Pleader appearing for respondent No.1 and Sri M S Devaraju, learned counsel appearing for respondent No.2. 3. Facts in brief germane are as follows: It would suffice if the narration would begin from 16-2-2023 when the petitioner enters into an agreement of empanelment with the respondents to participate in the tenders of drilling borewells, a project under the Ganga Kalyana scheme. On 26-12-2023, the respondents said to have blacklisted the firm run by the petitioner for any participation under the Ganga Kalyana Yojana. 4. The learned High Court Government Pleader on instructions and verification of the records would admit the fact that though 2 or 3 notices were issued to the petitioner, none of them were issued through registered post acknowledgement due. However, learned counsel for the petitioner submits that none of the notices was ever received by him, therefore the order of blacklisting, that is passed, is on the face of it, in violation of principles of natural justice. - 4 - NC: 2025:KHC:9604 WP No. 22559 of 2024 5. It is trite law that an order which entails economic or civil consequences cannot at the outset be passed without compliance with principles of natural justice. The admitted fact being no notice was served upon the petitioner prior to the order of blacklisting, the order would be rendered unsustainable on the sole score that it is in blatant violation of principles of natural justice. 6. In the light of aforesaid reasons, the order impugned dated 26-12-2023 is required to be read down as a show cause notice permitting the petitioner to submit his reply, reserving liberty to the respondents to act in accordance with law. 7. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed in part. (ii) The impugned order dated 26-12-2023 is read down as a show cause notice. (iii) The petitioner is permitted 6 weeks time from today to furnish his reply and the respondents shall - 5 - NC: 2025:KHC:9604 WP No. 22559 of 2024 consider the same in accordance with law and pass necessary orders within 6 weeks thereafter. (iv) All other contentions remain open. (v) Ordered accordingly. Pending applications if any, also stand disposed, as a consequence. SD/- ____________________ JUSTICE M.NAGAPRASANNA BKP List No.: 1 Sl No.: 57