- 1 - HC-KAR NC: 2025:KHC:28982 WP No. 32084 of 2024 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. 32084 OF 2024 (GM-TEN) BETWEEN: SRINIVASA V S/O LATE VENKATAIAH AGED ABOUT 46 YEARS R/AT NO.14, 7TH CROSS BIKASIPRU MAIN ROAD BANGALORE - 560 001. …PETITIONER (BY SRI. NAGENDRA NAIK R.,ADVOCATE) AND: 1. STATE OF KARNATAKA PRINCIPAL SECRETARY TO GOVERNMENT, FOREST ENVIRONEMENT AND ECOLOGY DEPARTMENT KARNTAKAKA GOVERNMENT SECRETARIAT ROOM NO.442, 4TH FLOOR GATE NO12, M S BUILDING BANGALROE - 560 001. 2. PRINCIPAL CHIEF CONSERVATOR OF FORSET WILDLIFE 4TH FLOOR ARANYA BHAVAN MALLESHWARAM BANGALORE - 560 003. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28982 WP No. 32084 of 2024 3. CHIEF CONSERVATOR OF FOREST JARAKABANDE KAMMAGONDANAHALLI JALAHALLI, BENGALURU KARNATKA - 560 0015. 4. DEPUTY CONSERVATOR OF FOREST BANNERGHATTA NATIONAL PARK NEAR KOLIFARM GATE TOWARDS WEAVERS COLONY BANNERGHATTA MAIN ROAD KALERE BENGALURU - 560 083. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECTING RESPONDENT NO.4 TO ISSUE THE WORK ORDER TO THE PETITIONER IN TERMS OF THE LETTER OF ACCEPTANCE DATED 23.02.2024 AS PER ANNEXURE-A, AND B) DIRECT THE RESPONDENT TO ACCEPT THE BANK GUARANTEE SUBMITTED BY THE PETITIONER TO COMMENCE THE WORK AS PER THE TENDER AWARDED TO HIM. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:28982 WP No. 32084 of 2024 ORAL ORDER The petitioner, who has successfully participated in the subject tender, has offered Security Deposit on 09.05.2024 with the fourth respondent. The petitioner has offered the Security Deposit along with his Letter, and the fourth respondent has returned the Instruments endorsing the receipt of the letter stating that Instruments are returned because the Code of Conduct for elections is in place. The petitioner has therefore sought directions to the fourth respondent to accept the Security Deposit offered and issue Work Order in terms of the Letter of Acceptance [Annexure-A]. Sri R.Nagendra Naik, the learned counsel for the petitioner, submits that the petitioner has offered the Security Deposit and is even now willing to offer the Security Deposit within a week and that this Court must issue directions as sought for because it cannot be disputed that even if the petitioner had to offer Security Deposit within 20 days as stipulated in the tender contract, it could not have been received because the - 4 - HC-KAR NC: 2025:KHC:28982 WP No. 32084 of 2024 Code of Conduct of elections was notified on 16.03.2025. This is an assertion which Sri Shamanth Naik, the learned High Court Government Pleader, is unable to contest even on instructions. This Court must opine that if the petitioner was prevented within the time to offer the Security Deposit because of the notification of the Code of Conduct for the scheduled elections, and the Security Deposit is not accepted on the same ground especially with the interim orders in the present petition, the petition must be allowed calling upon the respondents to issue Work Order to the petitioner provided he offers the Security Deposit within a week from today without seeking for a certified copy of this order. It is needless to observe that if the petitioner defaults in offering the Security Deposit as now permitted, the respondents will be at liberty to notify fresh tender. The petition is allowed accordingly. SD/- (B M SHYAM PRASAD) JUDGE NV - 5 - HC-KAR NC: 2025:KHC:28982 WP No. 32084 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRINIVASA V VS. STATE OF KARNATAKA AND OTHERS] 31.07.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER ON 'FOR BEING SPOKEN TO' This Court has disposed of this petition on 28.07.2025 after hearing the learned counsels for the parties but the petition was directed to be listed today 'For Being Spoken To' because of a memo moved by Mr. Shamanth Naik, the learned High Court Government Pleader, who stated that the reason for making a mention was that the tender was pulled out of the portal and there has to be a specific direction by this Court to issue Work Order manually for due compliance. However, with the presence of certain Officers, the learned counsel proposes to canvass reasons which touch upon the merits and those cannot be considered on the petition being listed on a memo. - 6 - HC-KAR NC: 2025:KHC:28982 WP No. 32084 of 2024 For reasons as aforesaid, the office is directed to release the order dictated on 28.07.2025. SD/- (B M SHYAM PRASAD) JUDGE RB List No.: 2 Sl No.: 22