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2025 DAILYLAW 38597 (KAR)

M/S SHARPWATCH INVESTIGATION AND SECURITY SERVICES PVT LTD v. STATE OF KARNATAKA

WP/107033/2025 · 2025-09-23

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13002 WP No. 107033 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107033 OF 2025 (GM-TEN) BETWEEN: M/S. SHARPWATCH INVESTIGATION AND SECURITY SERVICES PVT. LTD., (COMPANY INCORPORATED UNDER THE COMPANIES ACT) NO.17 1ST FLOOR, 8TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM, MYSORE-570 009, REPRESENTED BY ITS MANAGER SRI RAMACHADRA. …PETITIONER (BY SRI. PRASAD PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE DIRECTOR, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI (AUTONOMOUS INSTITUTE) REGISTERED UNDER SOCIETIES REGISTRATION ACT DR. B.R. AMBEDKAR ROAD, BELAGAVI, BELAGAVI-577428. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13002 WP No. 107033 of 2025 3. CHIEF ADMINISTRATIVE OFFICER BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI (AUTONOMOUS INSTITUTE) REGISTERED UNDER SOCIETIES REGISTRATION ACT DR. B.R. AMBEDKAR ROAD, BELAGAVI BELAGAVI-577 428. 4. DIRECTOR OF MEDICAL EDUCATION BANGALORE, KARNATAKA-560009. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, AGA FOR R1 AND R4; SRI. UDAY SINGH AND SRI. H.RAJAPUTH, ADVS. FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) CALL FOR RECORDS FROM THE RESPONDENT NO-2, BELAGAVI INSTITUTE OF MEDICAL SCIENCES INSTITUTION IN RESPECT OF THE TENDER DATED 21/05/2025 FOR TENDER BEARING NO- BIMS/MAN POWER TENDER/CR-01 VIDE ANNEXURE-A, TENDER DATED 21/05/2025 FOR TENDER BEARING NO-BIMS/MAN POWER TENDER/CR-02 VIDE ANNEXURE-A1 AND TENDER DATED 21/05/2025 FOR TENDER BEARING NO-BIMS/MAN POWER TENDER/CR-03 VIDE ANNEXURE-A2. (B) ISSUE WRIT OF CERTIORARI OR ORDER OR DIRECTION IN THE NATURE OF WRIT QUASHING THE REJECTION OF THE TENDER SUBMITTED BY THE PETITIONER AS AVAILABLE ON THE E-PROCUREMENT PORTAL VIDE ANNEXURE-C, C1 AND C2 RESPECTIVELY ISSUED BY THE 2ND RESPONDENT-DIRECTOR BELAGAVI INSTITUTE OF MEDICAL SCIENCES. (C) ISSUE A WRIT OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENT NO-2, TO CONSIDER THE TENDER BID OF THE PETITIONER, DIRECTOR BELAGAVI INSTITUTE OF MEDICAL SCIENCES IN THE INTEREST OF JUSTICE AND EQUITY. (D) PASS SUCH OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT TO GRANT BASED ON THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COST OF THE PROCEEDINGS, IN THE ENDS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:13002 WP No. 107033 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 and 4. 2. The petitioners are before this Court seeking for the following reliefs: a) Call for Records from the Respondent No-2, belagavi Institute Of Medical Sciences Institution in respect of the Tender dated 21/05/2025 for tender bearing No- BIMS/Man Power Tender/CR-01 Vide Annexure-A, Tender dated 21/05/2025 for tender bearing No-BIMS/Man Power Tender/CR-02 Vide Annexure-A1 and Tender dated 21/05/2025 for tender bearing No-BIMS/Man Power Tender/CR-03 Vide Annexure-A2. b) Issue writ of certiorari or order or direction in the nature of writ quashing the rejection of the tender submitted by the Petitioner as available on the E- Procurement Portal vide ANNEXURE-C, C1 and C2 respectively issued by the 2nd Respondent-Director Belagavi Institute of Medical Sciences. c) Issue a writ of Mandamus or order or direction directing the Respondent No-2, to consider the tender bid of the Petitioner, Director Belagavi Institute of Medical Sciences in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:13002 WP No. 107033 of 2025 d) Pass such other order as this Hon’ble Court deems fit to grant based on the facts and circumstances of the case, including the cost of the proceedings, in the ends of justice and equity. 3. Learned Counsel for Respondent No.3 submits that the reasons for rejection of the petitioner’s tender have been duly uploaded on the KTPP (Karnataka Transparency in Public Procurement) website and are available. A copy of the rejection order has also been furnished to the counsel for the petitioner. 4. Liberty is reserved to the petitioner to challenge the order of rejection. The writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT: UMD List No.: 1 Sl No.: 104