- 1 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106890 OF 2025 (GM-TEN) BETWEEN: GOPI GOLLAR S/O. THIMMAPPA, AGE: 35, OCC: GOVT CLASS I CONTRACTOR, R/O. POST BELUR, RANNEBENNUR TALUK, DIST HAVERI-581115. …PETITIONER (BY SRI. BALLOLI SHIVRAJ SIDDARAM, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETORY 3RD FLOOR, M S BUILDING, 3RD GATE, AMBEDKAR VEEDHI, BENGALURU, 560 001 2. THE GOVERNMENT OF KARNATAKA RURAL DRINKING WATER AND SANITATION DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETORY 2ND FLOOR, E BLOCK, KHB BUILDING, CAUVERY BHAVAN, BENGALURU-560009. 3. THE CHIEF ENGINEER RURAL DRINKING WATER AND SANITATION DEPARTMENT, 2ND FLOOR, E BLOCK, KHB BUILDING, CAUVERY BHAVAN, BENGALURU-560009. R Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 4. THE EXECUTIVE ENGINEER RURAL DRINKING WATER AND SANITATION DEPARTMENT HAVERI, VIDYANAGAR, OLD ZILLA PACHAYATH BUILDING, HAVERI-581110. 5. THE EXECUTIVE ENGINEER RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, D C OFFICE, DEVAGIRI, HAVERI 581110. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO: A) ISSUE A WRIT OF CERTIORARI THEREBY QUASHING THE IMPUGNED TENDER NOTIFICATION DATED 09/09/2025 BEARING TENDER NO. RDPR/2025-26/OW/WORK-INDENT 18560 ISSUED BY RESPONDENT NO.1 AND 5 VIDE ANNEXURE-A. B) ISSUE A WRIT OF MANDAMUS THEREBY DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONER TO EXECUTE THE WORK AS PER THE WORK DATED 27/05/2025 ISSUED BY THE RESPONDENTS VIDE ANNEXURE-C BEARING NO.KAA NI IM/GRA KU-NEE AND NAI/VI HA/PB- 1/2025-26/311. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question the notice inviting tender (NIT) dated 09.09.2025 issued by respondent No.5 and seeks a consequential mandamus directing the respondents to permit the petitioner to execute the work in terms of the work order dated 27.05.2025. 2. Heard Sri.Shivaraj S. Balloli, learned counsel for the petitioner and Sri.T.Hanumareddy, learned counsel for respondent Nos.1 to 5. 3. The facts adumbrated are as follows: 4. The tender notice inviting bids was issued by respondent No.4 for the following work: “Construction, Commissioning and Operation with Maintenance for 1 year of 3 KLD Faecal Sludges Treatment Plant (FSTP) At Balabmeed Gram Panchayat in Hangal Taluk of Haveri District. (Reserved for SC category)”. 5. The petitioner participated in the said tender, emerged successful, and a work order was issued in his favour. A letter of acceptance was notified on 22.05.2025. The - 4 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 communication containing the letter of acceptance is produced at Exhibit–B and is as follows: “²æà ಗೋಪಿ ಗೊಲ್ಲರ Iನೇ ದರ್ಜೆ ಗುತ್ತಿಗೆದಾರರು, ಸಾ: ಬೆಲೂರ, ತಾ: ರಾಣೇಬೆನ್ನೂರ ಮೋ :- ªÀiÁನ್ಯರೇ, ವಿಷಯ :- ºÁªÉÃj f¯ÉèAiÀÄ Construction of 3 KLD Faecal Sludge Treatment Plant (FSTP) at Balambeed Gram Panchayath in Hangal Taluka of Haveri Dist. (Indent No 9172) ಟೆಂಡರ್ ಕಾಮಗಾರಿಗೆ ಒಪ್ಪಂದ ಮಾಡಿಕೊಳ್ಳುವ ಕುರಿತು. ಉಲ್ಲೇಖ :- 1. ಈ ಕಛೇರಿ ಅಲ್ಪಾವಧಿ ಟೆಂಡರ ಪ್ರಕಟಣೆ ಸಂಖ್ಯೆ:ಗ್ರಾಕುನೀಷಿನ್ಯವಿ:ಹಾವೇರಿ:ಪಿಜಿ-13 -14:2024-25:2722 ໖: 18- 03-2025. 2. ನಿಮ್ಮ ಟೆಂಡರ ದಿನಾಂಕ : 26-03-2025. 3. ಈ ಕಛೇರಿ ಟೆಂಡರ್ ಅಂಗೀಕಾರ ಪ್ರಾಧಿಕಾರ ಸಮಿತಿ ಸಭೆ ನಡುವಳಿ ದಿನಾಂಕ : ಮೇಲ್ಕಾಣಿಸಿದ ವಿಷಯ ಕುರಿತು ಉಲ್ಲೇಖ(2)ರಡಿಯಲ್ಲಿ ನೀವು ಸಲ್ಲಿಸಿದ ಟೆಂಡರ್ ಕಾಮಗಾರಿಗೆ ಉಲ್ಲೇಖ (3)ರ ಆಡಿಯಲ್ಲಿ ಮಂಜೂರಾತಿ ನೀಡಲಾಗಿದೆ. ಸದರ ಕಾಮಗಾರಿಗೆ ಟೆಂಡರ್ ಒಪ್ಪಂದ ಮಾಡಬೇಕಾಗಿರುವುದರಿಂದ ಈ ಕೆಳಗಿನ ಕಾಗದ ಪತ್ರಗಳೊಂದಿಗೆ ಕೂಡಲೇ ಈ ಕಛೇರಿಗೆ ಹಾಜರಾಗಬೇಕು, ಒಂದು ವೇಳೆ ಹಾಜರಾಗದಿದ್ದಲ್ಲಿ ಟೆಂಡರ ನಿಯಮಾವಳಿ ಪ್ರಕಾರ ಕ್ರಮ ಕೈಕೊಳ್ಳಲಾಗುವುದು. 1) ಸ್ಟ್ಯಾಂಪ ಪೇಪರ 2) ಇತ್ತೀಚಿನ ಒಂದು ಪಾಸ್ಪೋರ್ಟ ಸೈಜ್ ಕಲರ್ ಫೋಟೊ 3) ವ್ಯತ್ಯಾಸದ ಮೊತ್ತ ರೂ. 382175/- 3) ಭದ್ರತಾ ಠೇವಣಿ ಮೊತ್ತ ರೂ. 387500/-“ 6. Subsequently, a work order was issued on 27.05.2025. After issuance of the work order, an agreement was entered into between the parties for execution of the work on - 5 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 certain terms and conditions, and the work was to be completed within 180 days. The agreement is produced on record. 7. After all these events, it transpires that respondent No.5—another Executive Engineer under the same office but in a different department, issued a fresh tender notification for the very same work and at the same place that was already allotted in favour of the petitioner. The scope of the impugned tender is as follows: “Construction, Commissioning and Operation with Maintenance for 1 year of 3 KLD Faecal Sludges Treatment Plant (FSTP) At Balabmeed Gram Panchayat in Hangal Taluk of Haveri District. (Reserved for SC category)”. 8. The fresh tender has been issued stating that it is reserved for candidates belonging to the Scheduled Caste category. It is this action that has driven the petitioner to approach this Court. 9. If the afore-narrated events are noticed, every step of the tender process had reached its logical conclusion. Upon the agreement being entered into between respondent No.4 and the petitioner for execution of the work, what remained was - 6 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 merely the commencement of the execution of the work. Therefore, all rights stood crystallised in favour of the petitioner in accordance with law. Respondent No.5 could not have thereafter sprung into action and re-notified a tender for the same work, dubbing it to be reserved for the Scheduled Caste category, thereby virtually upturning a concluded contract between the petitioner and respondent No.4. On the strength of this illegally issued tender, the petitioner is now prevented from executing the work. 10. The learned AGA, on instructions and verification of the records, submits that the tender had in fact been awarded in favour of the petitioner, but it has been re-notified by respondent No.5. He seeks to defend the action of respondent No.5, though he leaves the decision to the Court. 11. In light of the aforesaid facts, the issuance of the fresh tender is, on the face of it, illegal. The scope of the fresh tender is identical to that of the earlier tender. The earlier tender had culminated in an agreement being entered into between respondent No.4 and the petitioner. Therefore, respondent No.5 could not have issued another tender for the same purpose. - 7 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 12. A tender cannot be notified twice over for the same work. The unsustainability of the fresh tender necessarily leads to its obliteration. The obliteration cannot be a mere formality, for respondent No.5, being fully aware of the earlier tender process and it being concluded, has re-notified a fresh tender for the same purpose and for the same work. This act on the face of it is illegal and high-handed on the face of it. 13. In that light, respondent No.5, having acted blatantly contrary to law, must be mulcted with costs to be paid personally to the petitioner. 14. For the aforesaid reasons, the following: ORDER i. The writ petition is allowed. ii. The tender notification dated 09.09.2025 bearing tender No.RDPR/2025-26/OW/WORK- INDENT18560 issued by respondent Nos.1 and 5 vide Annexure-A is quashed. iii. A consequential mandamus shall issue to the respondents to permit the petitioner to execute the work in terms of the tender already allotted. iv. Litigation costs of Rs.50,000/- shall be paid by the Executive Engineer (respondent No.5) from his personal funds and not from State funds, - 8 - HC-KAR NC: 2025:KHC-D:15822 WP No. 106890 of 2025 within four weeks from the date of receipt of a copy of this order. v. In view of the tender stipulating that the work shall be completed within 180 days from the commencement of execution, and as the commencement was stalled by the respondents themselves, the petitioner shall commence the work forthwith and conclude it within 180 days from today. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 44