- 1 - HC-KAR NC: 2025:KHC-D:13413 WP No. 107836 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 107836 OF 2024 (GM-TEN) BETWEEN: SRI. GLOBAL TRANSPORT R/BY ITS MANAGING PARTNER, SRI. MOHAMMED S/O LATE KHASIM SAB, AGE 52 YEARS, OCC. TRANSPORT BUSINESS, R/O.32-1-145, ANDOONQUILLA, RAICHUR, DIST. RAICHUR. - PETITIONER (BY SMT. HEMA L.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMERS AFFAIRS, ROOM NO.18, GROUND FLOOR, VIDHANA VIDHI, BENGALURU-560001 THROUGH SECRETARY. 2. THE COMMISSIONER AND APPELLATE AUTHORITY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMERS AFFAIRS, KARNATAKA SAHAKARA MARATHA BHAVAN, CUNNINGHAM MAIN ROAD, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER, KOPPAL, CUM PRESIDENT, TECHNICAL BID EVALUATION COMMITTEE, KOPPAL, DIST. KOPPAL-583231. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, KOPPAL-583231. - RESPONDENTS (BY SRI. V.S. KALASURMATH, A.G.A.) Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13413 WP No. 107836 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CANDIDATURE/BID/TENDER OF THE PETITIONER FIRM IN THE FINANCIAL BID AND ALL OTHER FURTHER PROCEEDINGS IN THE TENDER NOTIFICATION, DATED 13.08.2024, ISSUED BY THE RESPONDENT NO.2, VIDE ANNEXURE-A AND DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION/APPEAL SUBMITTED BY THE PETITIONER DATED 15.11.2024, VIDE ANNEXURE-J, IN ENDS OF JUSTICE & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present writ petition has been filed seeking issuance of writ in the nature of mandamus to consider the bid of the petitioner in the stage of consideration of financial bid and to consider the appeal submitted by the petitioner dated 15.11.2024. 2. Learned counsel appearing for the respondent-State submits that the petitioner’s technical bid was rejected and at that stage an appeal was filed and was pending before the appellate authority. - 3 - HC-KAR NC: 2025:KHC-D:13413 WP No. 107836 of 2024 3. It is further submitted that this Court while passing order on 24.12.2024 had merely observed that opening of financial bid and any action taken pursuant thereto would be subject to final outcome of the petition. 4. It is submitted that in the interregnum the bid was finalized and tender was awarded to a successful bidder other than the petitioner herein. It is further submitted that work order has been issued and substantial work has been executed. Accordingly, it is submitted that the petitioner’s right would be kept open if legally permissible to be adjudicated in the appeal. 5. There is no representation on behalf of the petitioner when the matter is called out. 6. Taking note of the submission by the respondent-State the matter does not call for any adjudication at this stage. For all practical purposes in light of the submission that the period of tender itself would expire by the year 2026 and - 4 - HC-KAR NC: 2025:KHC-D:13413 WP No. 107836 of 2024 adjudication made cannot have the effect of redoing what has already reached in advance stage. The petition is disposed off as not calling for interference. Sd/- (S.SUNIL DUTT YADAV) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 14