- 1 - HC-KAR NC: 2025:KHC-D:10804 WP No. 106554 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106554 OF 2023 (GM-TEN) BETWEEN: JYOTHIPRAKASH K. M, PROPRIETOR-BHANU FUELS BYALADAHALLI VILLAGE, ON SH 25, NO.26/27, HARIHARA, DAVANGERE DIST – 577 516. …PETITIONER (BY SRI. GANESH RAIBAGI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, PWD, VIDHANA SOUDHA, BANGALORE – 560 001. 2. KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED (GOVERNMENT OF KARNATAKA ENTERPRISE) REPRESENTED BY MANAGING DIRECTOR, 3RD FLOOR, SAMPARKA SOUDHA, OPPOSITE ORION MALL, RAJAJINAGAR, BANGALORE – 560 010. 3. THE CHIEF ENGINEER, KARNATAKA ROAD DEVELOPMENT, CORPORATION LIMITED Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10804 WP No. 106554 of 2023 (GOVERNMENT OF KARNATAKA ENTERPRISE) 3RD FLOOR, SAMPARKA SOUDHA, OPPOSITE ORION MALL, RAJAJINAGAR, BANGALORE – 560 010. 4. N.C.CHANDU SUMANTH, PROPRIETOR PHOENIX CONSTRUCTIONS AND DEVELOPERS, SRIDHARA NILAYA, VIDHUTHNAGAR, SALAGAME ROAD, OPP MCE 2ND GATE, KHATA NO. 23, HASSAN , HASSAN – 573 201. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI. C.V. ANGADI, ADVOCATE FOR R2 AND R3; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS LEADING TO THE TENDER NOTIFICATION DATED 10-07-2023 CALLED TENDER NOTIFICATION BEARING NO. KRDCL/IFB/2023-24/9, AT ANNEXURE-B ISSUED BY RESPONDENT NO.3. ISSUE OF WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO CONSIDER THE RECOMMENDATION OF THE PETITIONER DATED 19-10-2023 AT ANNEXURE-L TO DISQUALIFY THE RESPONDENT NO. 4 FROM THE TENDER PROCESS. ISSUE OF WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI DIRECTING THE RESPONDENTS TO CONSIDER THE TENDER OF THE PETITIONER AND TO AWARD THE CONTRACT AS THE PETITIONER IS THE HIGHEST BIDDER. GRANT COSTS OF THESE PROCEEDINGS. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10804 WP No. 106554 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Praying to call for entire records leading to the tender notification dated 10-07-2023 called tender notification bearing no. KRDCL/IFB/2023-24/9, at Annexure-B issued by respondent no.3. B. Issue of writ or order or direction in the nature of mandamus to consider the recommendation of the petitioner dated 19- 10-2023 at Annexure-L to disqualify the respondent no. 4 from the tender process. C. Issue of writ or order or direction in the nature of certiorari directing the respondents to consider the tender of the petitioner and to award the contract as the petitioner is the highest bidder. D. Grant costs of these proceedings. E. Grant any other reliefs which Hon’ble court my deed fit in the interest of justice. 2. Learned counsel for the petitioner files a memo, which reads as under: “Herein, the petitioner most respectfully submits as under:- - 4 - HC-KAR NC: 2025:KHC-D:10804 WP No. 106554 of 2023 That in view of the fact that a fresh tender notification had been called for by the respondent authorities, during the pendency of this writ petition, same has already been allotted to some third party, this petition does not survive for consideration. Hence, this Hon’ble Court may kindly dispose of this writ petition as it become infructuous, to meet the ends of justice. Hence this memo.” 3. The memo is placed on record. Accordingly, the writ petition stands dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT-ASC List No.: 2 Sl No.: 16