- 1 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101450 OF 2024 (GM-TEN) C/W WRIT PETITION NO. 101451 OF 2024 WRIT PETITION NO. 101462 OF 2024 WRIT PETITION NO. 101463 OF 2024 IN W.P. NO. 101450/2024 BETWEEN: M/S SURSTI SECURITY AND HOUSEKEEPING SERVICES, H.NO. 1538/B36, BASAVANAGAR, HALATTI, TQ. CHIKODI, DIST. BELAGAVI -591201, REPRESENTED BY ITS PROPRIETOR SMT. SANGEETA W/O SHANKAR BANANNAVAR, AGE. 43 YEARS, OCC. BUSINESS, SOMWARPET, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI- 591201, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, SHRI. SHANKAR S/O SIDRAM BANANAVAR, AGE. 50 YEARS, OCC. BUSINESS, R/O. SOMWARPETH, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIDHAN SOUDHA, BENGALURU -560001, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, BENGALURU -560001, REP. BY ITS DIRECTOR. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.18 11:21:52 +0530 - 2 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 3. TOWN MUNICIPAL COUNCIL, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201, REP. BY ITS CHIEF OFFICER. 4. HUKKERI TALUK SAMAGRA GRAMEEN ABHIVRUDDI SANGH, SHIVASHARAN COMPLEX, NEAR BUS STAND, TQ. HUKKERI, DIST. BELAGAVI -591313, REPRESENTED BY ITS PRESIDENT SHRI. VIJAYKUMAR S/O BALAPPA RAVADI, AGE. MAJOR, OCC. BUSINESS SHIVASHARAN COMPLEX,NEAR BUS STAND,TQ. HUKKERI, DIST. BELAGAVI -591313. 5. PARASHURAM S/O DEVAPPA KALE, AGE. 34 YEARS, OCC. BUSINESS, 481/A, KERUR VTC, KERUR, TQ. CHIKODI, DIST. BELAGAVI -591213. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2, SRI CHETAN MUNNOLLI, ADVOCATE FOR R3, SRI SOURABH A. SONDUR, ADVOCATE FOR R4 AND SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED REJECTION OF THE PETITIONERS BID/TENDER BY THE 2ND RESPONDENT IN THE TENDER DATED. 05-12-2023 BEARING NO. DMA/2023-24/SE0166/CALL-3, VIDE ANNEXURE-A. ISSUE A WRIT OF MANDAMUS OR OF ANY OTHER NATURE DIRECTING THE 2ND RESPONDENT TO ACCEPT THE PETITIONERS BID FOR ANNUAL SUPPLY OF MAN POWER (OPEN AREA CLEANERS) ON OUTSOURCE BASIS FOR SWM ACTIVITIES TO TOWN MUNICIPAL COUNCIL, CHIKODI AS PER THE TENDER DATED 05/12/2023 BEARING NO. DMA/2023-24/SE0166/CALL-3, VIDE ANNEXURE- B. ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO FURNISH ALL THE DETAILS OF TECHNICAL BIDS MADE BY THE RESPONDENTS NO.4 TO 5 IN SO FAR AS THE BIDS - 3 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 FOR ANNUAL SUPPLY OF MAN POWER (OPEN AREA CLEANERS) ON OUTSOURCE BASIS FOR SWM ACTIVITIES TO TOWN MUNICIPAL COUNCIL, CHIKODI. IN W.P. NO. 101451/2024 BETWEEN: M/S SURSTI SECURITY AND HOUSEKEEPING SERVICES, H.NO.1538/B36, BASAVANAGAR, HALATTI, TQ. CHIKODI, DIST. BELAGAVI -591201, REPRESENTED BY ITS PROPRIETOR SMT. SANGEETA W/O SHANKAR BANANNAVAR, AGE. 43 YEARS, OCC. BUSINESS, SOMWARPET, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SHRI. SHANKAR S/O SIDRAM BANANAVAR, AGE. 50 YEARS, OCC. BUSINESS R/O. SOMWARPETH, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIDHAN SOUDHA, BENGALURU -560001, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, BENGALURU -560001, REP. BY ITS DIRECTOR. 3. TOWN MUNICIPAL COUNCIL, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201, REP. BY ITS CHIEF OFFICER. 4. HUKKERI TALUK SAMAGRA GRAMEEN ABHIVRUDDI SANGH, SHIVASHARAN COMPLEX, NEAR BUS STAND, TQ. HUKKERI, DIST. BELAGAVI -591313, - 4 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 REPRESENTED BY ITS PRESIDENT SHRI. VIJAYKUMAR S/O. BALAPPA RAVADI, AGE. MAJOR, OCC. BUSINESS, SHIVASHARAN COMPLEX, NEAR BUS STAND TQ. HUKKERI, DIST. BELAGAVI -591313. 5. PARASHURAM S/O. DEVAPPA KALE, AGE. 34 YEARS, OCC. BUSINESS, 481/A, KERUR VTC, KERUR, TQ. CHIKODI, DIST. BELAGAVI -591213. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2, SRI CHETAN MUNNOLI, ADVOCATE FOR R3, SRI SOURABH A. SONDUR, ADVOCATE FOR R4 AND SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED REJECTION OF THE PETITIONERS BID/TENDER BY THE 2ND RESPONDENT IN THE TENDER DATED 05/12/2023 BEARING NO.DMA/2023-24/SE0368/CALL-2, VIDE ANNEXURE-A. ISSUE A WRIT OF MANDAMUS OR OF ANY OTHER NATURE DIRECTING THE 2ND RESPONDENT TO ACCEPT THE PETITIONERS BID FOR ANNUAL SUPPLY OF MAN POWER FOR WATER SUPPLIES WORK TO TOWN MUNICIPAL COUNCIL, CHIKODI AS PER THE TENDER DATED 05/12/2023 BEARING NO.DMA/2023- 24/SE0368/CALL-2, VIDE ANNEXURE-B. ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO FURNISH ALL THE DETAILS OF TECHNICAL BIDS MADE BY THE RESPONDENTS NO.4 TO 5 IN SO FAR AS THE BIDS FOR ANNUL SUPPLY OF MAN POWER FOR WATER SUPPLIES WORK TO TOWN MUNICIPAL COUNCIL, CHIKODI. - 5 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 IN W.P. NO. 101462/2024 BETWEEN: M/S SURSTI SECURITY ANDHOUSEKEEPING SERVICES H.NO.1538/B36, BASAVANAGAR, HALATTI TQ. CHIKODI, DIST. BELAGAVI -591201, REPRESENTED BY ITS PROPRIETOR SMT. SANGEETA W/O SHANKAR BANANNAVAR, AGE. 43 YEARS, OCC. BUSINESS SOMWARPET, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI- 591201, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SHRI. SHANKAR S/O SIDRAM BANANAVAR, AGE. 50 YEARS, OCC. BUSINESS, R/O. SOMWARPETH CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201. …PETITIONER (BY SRI SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF MUNICIPAL ADMIISTRATION, VIDHAN SOUDHA, BENGALURU- 560001, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, BENGALURU- 560001, REP. BY ITS DIRECTOR. 3. TOWN MUNICIPAL COUNCIL, CHIKODI, TAL. CHIKODI, DIST. BELAGAVI- 591201, REP. BY ITS CHIEF OFFICER. 4. HUKKERI TALUK SAMAGRA GRAMEEN ABHIVRUDDI SANGH, SHIVASHRAN COMPLEX, NEAR BUS STAND, TAL. HUKKERI, DIST. BELAGAVI- 591313, REPRESENTED BY ITS PRESIDENT SHRI. VIJAYKUMAR S/O BALAPPA RAVADI, AGE.MAJOR, OCC. BUSINESS, SHIVASHRAN COMPLEX, NEAR BUS STAND, TAL. HUKKERI, DIST. BELAGAVI- 591313. - 6 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 5. PARASHURAM S/O DEVAPPA KALE, AGE. 34 YEARS, OCC. BUSINESS, 481/A, KERUR VTC, KERUR, TAL. CHIKODI, DIST. BELAGAVI- 591213. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2, SRI CHETAN MUNNOLI, ADVOCATE FOR R3, SRI SOURABH A. SONDUR, ADVOCATE FOR R4 AND SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED REJECTION OF THE PETITIONERS BID/TENDER BY THE 2ND RESPONDENT IN THE TENDER DATED. 05-12-2023 BEARING NO. DMA/2023- 24/SE0160/CALL-3, VIDE ANNEXURE-A. ISSUE A WRIT OF MANDAMUS OR OF ANY OTHER NATURE DIRECTING THE 2ND RESPONDENT TO ACCEPT THE PETITIONERS BID FOR ANNUAL SUPPLY OF MAN POWER (AUTO TIPPER HELPER, PLANT MANAGER, TOILET CLEANERS, SECURITY GUARD AND SUPERVISORS) ON OUTSOURCE BASIS FOR SWM ACTIVITIES TO TOWN MUNICIPAL COUNCIL, CHIKODI AS PER THE TENDER DATED 05/12/2023 BEARING NO. DMA/2023-24/SE0160/CALL-3, VIDE ANNEXURE- B. ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO FURNISH ALL THE DETAILS OF TECHNICAL BIDS MADE BY THE RESPONDENTS NO.4 TO 5 IN SO FAR AS THE BIDS FOR ANNUAL SUPPLY OF MAN POWER (AUTO TIPPER HELPER, PLANT MANAGER, TOILET CLEANERS, SECURITY GUARD AND SUPERVISORS) ON OUTSOURCE BASIS FOR SWM ACTIVITIES TO TOWN MUNICIPAL COUNCIL, CHIKODI. - 7 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 IN W.P. NO. 101463/2024 BETWEEN: M/S SURSTI SECURITY AND HOUSEKEEPING SERVICES H.NO. 1538/B36, BASAVANAGAR, HALATTI, TQ. CHIKODI, DIST. BELAGAVI -591201, REPRESENTED BY ITS PROPRIETOR SMT. SANGEETA W/O SHANKAR BANANNAVAR, AGE. 43 YEARS, OCC. BUSINESS, SOMWARPET, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SHRI. SHANKAR S/O SIDRAM BANANAVAR, AGE. 50 YEARS, OCC. BUSINESS, R/O. SOMWARPETH, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIDHAN SOUDHA, BENGALURU -560001, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, M.S.BUILDING, BENGALURU -560001, REP. BY ITS DIRECTOR. 3. TOWN MUNICIPAL COUNCIL, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI -591201, REP. BY ITS CHIEF OFFICER. 4. HUKKERI TALUK SAMAGRA GRAMEEN ABHIVRUDDI SANGH, SHIVASHARAN COMPLEX, NEAR BUS STAND, TQ. HUKKERI, DIST. BELAGAVI- 591313, REPRESENTED BY ITS PRESIDENT SHRI. VIJAYKUMAR S/O. BALAPPA RAVADI, AGE. MAJOR, OCC. BUSINESS, SHIVASHARAN COMPLEX, NEAR BUS STAND, TQ. HUKKERI, DIST. BELAGAVI -591313. - 8 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 5. PARASHURAM S/O. DEVAPPA KALE, AGE. 34 YEARS, OCC. BUSINESS, 481/A, KERUR VTC, KERUR, TQ. CHIKODI, DIST. BELAGAVI -591213. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2, SRI CHETAN MUNNOLI, ADVOCATE FOR R3, SRI SOURABH A. SONDUR, ADVOCATE FOR R4 AND SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED REJECTION OF THE PETITIONERS BID/TENDER BY THE 2ND RESPONDENT IN THE TENDER DATED. 05-12-2023 BEARING NO. DMA/2023-24/SE0167/CALL-3, VIDE ANNEXURE-A. ISSUE A WRIT OF MANDAMUS OR OF ANY OTHER NATURE DIRECTING THE 2ND RESPONDENT TO ACCEPT THE PETITIONERS BID FOR ANNUAL SUPPLY OF MAN POWER (DRIVER, JCB OPERATOR, LOADERS) ON OUTSOURCE BASIS FOR SWM ACTIVITIES TO TOWN MUNICIPAL COUNCIL, CHIKODI AS PER THE TENDER DATED 05/12/2023 BEARING NO. DMA/2023- 24/SE0167/CALL-3, VIDE ANNEXURE- B. ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO FURNISH ALL THE DETAILS OF TECHNICAL BIDS MADE BY THE RESPONDENTS NO.4 TO 5 IN SO FAR AS THE BIDS FOR ANNUAL SUPPLY OF MAN POWER (DRIVER, JCB OPERATOR, LOADERS) ON OUTSOURCE BASIS FOR SWM ACTIVITIES TO TOWN MUNICIPAL COUNCIL, CHIKODI. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question the rejection of his tender, dated 05.12.2023 and has sought a direction by issuance of writ in the nature of mandamus to consider his case for awarding of the tender. 2. Heard the learned counsel Sri.Shivaraj S. Balloli appearing for the petitioner and learned counsel Sri.Sharad V. Magadum-AGA appearing for respondent No.1 and 2 and learned Counsel Sri.Chetan Munnoli appearing for respondent No.3 and learned counsel Sri.Sourabh Sondur appearing for respondent No.4 and learned counsel Sri.Shivaraj P. Mudhol appearing for respondent No.5. 3. Facts in brief germane are as follows: On 05.12.2023 the 2nd respondent issues a Notice inviting tender for supply of manpower for cleaning the - 10 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 open area that comes within the precincts of Town Municipal Council, Chikodi. Respondent No.4 and 5 participate in the tender. The petitioners bid comes to be rejected and the respondent No.5 emerges successful and is awarded the contract. The contract is awarded way back in the year 2024 and the period of contract is one year. 4. Learned counsel appearing for the respondents all in unison would submit that what remains for the closure of the period of tender is a fortnight. Therefore this Court at this juncture should not interfere. 5. The learned counsel for the petitioner submits that the rejection of technical bid was on the portal of the respondent which only depicted that the technical bid to the petitioner is rejected and no reason for rejection was forthcoming. The petitioner submits a representation against the said rejection which is again rejected without recording any reasons he would submit that the petition may be disposed as having become influxes today but a - 11 - NC: 2025:KHC-D:1602 WP No. 101450 of 2024 C/W WP No. 101451 of 2024 WP No. 101462 of 2024 WP No. 101463 of 2024 direction should be issued to the respondents to set their system right in a pending a PDF document officer the reason for rejection on the portal itself. 6. The learned counsel representing the respondent should pass the buck upon the software which is developed by the state to submit that nothing is in their hands. If that be so it is for the state to set the anomaly right by necessary tweaking to the software since the petitioner is being disposed as having become unnecessary any direction being issued in this petition is uncalled for the aforesaid observations the petition stands disposed therein Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 8