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2025 DAILYLAW 39622 (KAR)

M/S. OM SAI SECURITY SERVICES AND MAN POWER AGENCY v. STATE OF KARNATAKA

WP/22405/2025 · 2025-07-28

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28845 WP No. 22405 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22405 OF 2025 (GM-TEN) BETWEEN: M/S. OM SAI SECURITY SERVICES AND MAN POWER AGENCY 1ST FLOOR, OPP. MASONIC HALL, NEAR 2ND GATE, HOSPETE ROAD, CANTONMENT, BALLARI 583104. NOW AT NO.49852/GF IA, NEW TRUNK ROD, OPP. ROYAL FORT HOTEL, CANTONMENT BELLARY 583103. REPRESENTED BY ITS PROPRIETOR SMT RENUKA WIFE OF HANUMANTHAPPA …PETITIONER (BY SRI. PUNITH C.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, VIKASA SOUDHA, BANGALORE 560001. 2. JOINT DIRECTOR, SOCIAL WELFARE DEPARTMENT, CHITRADURGA DISTRICT, PINCODE 577501. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28845 WP No. 22405 of 2025 3. DEPUTY DIRECTOR, SOCIAL WELFARE DEPARTMENT, CHITRADURGA DISTRICT, PINCODE 577501. 4. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, CHITRADURGA DISTRICT PINCODE 577501. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3; VIDE ORDER DATED 25.07.2025 NOTICE TO R4 IS DEFERRED FOR PRESENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED TENDER NOTIFICATION DATED 01.07.2025 VIDE JA. NI. SA.KA.E.CHIDU/S- 2/JOSA/CE/2025-26 AS PER ANNEXURE -G BY ALLOWING THE WP. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has successfully participated in the tender issued for sourcing manpower. The fourth respondent has issued Work Order dated 29.02.2024 - 3 - HC-KAR NC: 2025:KHC:28845 WP No. 22405 of 2025 to the petitioner stipulating, amongst others, that the tender period will be for a period of one year commencing from 01.03.2024 subject to further orders with a further stipulation that the contract with the petitioner could be continued if the petitioner has discharged the contractual obligations satisfactorily. The petitioner has invoked this Court's jurisdiction because of the issuance of Tender Notification dated 01.07.2025. Sri C Punith, the learned counsel for the petitioner, and Sri Shamanth Naik, the learned High Court Government Pleader who is permitted to take notice for the first to third respondents, are heard for final disposal. The petitioner's case hinges on the assertion that it has rendered services satisfactorily without any reason for complaint; that the tender is issued after commencement of the academic year and that if the petitioner is not successful in tender, the - 4 - HC-KAR NC: 2025:KHC:28845 WP No. 22405 of 2025 prospects of those on its rolls will be adversely impacted. This Court must opine that neither the fact that the petitioner has completed the contractual services satisfactorily nor the possibilities of the petitioner's employees being affected in the event the petitioner is unsuccessful in the tender can be a reason for interference in the absence of provisions as against issuance of the tender notification. The commencement of the academic year also cannot be a reason for interference with the impugned notification. Hence, the petition stands dismissed observing that this disposal shall not in any manner prejudices the petitioner's participation in the tender process. SD/- (B M SHYAM PRASAD) JUDGE AN/-