- 1 - HC-KAR NC: 2025:KHC:35913 WP No. 27675 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27675 OF 2025 (GM-TEN) BETWEEN: SRI SHIRADI SAI PROVISION STORES HAVING ITS REGISTERED OFFICE, AT NO. 1056, NEAR MUNICIPAL COLLEGE, M G ROAD, CHICKABALLAPUR, CHIKKABALLAPUR 562 101 REP BY ITS PROPRIETOR SRI SANTOSH, AGED ABOUT 50 YEARS PROPRIETORSHIP ACT 2013. …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35913 WP No. 27675 of 2025 REP BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, SAMPANGI RAMA NAGAR, BENGALURU 560001. 2. EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, BANGALORE, NO. 8, 6TH FLOOR, CUNNINGHAM ROAD, BENGALURU 560052. 3. DIRECTOR SCHEDULED CASTES WELFARE DEPARTMENT, NO. 34, 1ST FLOOR, LOTUS TOWERS, RACE COURSE ROAD, BANGALORE 560 001. 4. COMMISSIONER BACKWARD CLASSES WELFARE DEPARTMENT, NO. 16/D, 3RD FLOOR, DEVRAJ URS BHAVAN, MILLERS TANK BUNK ROAD, VASANTH NAGAR, BENGALURU 560001. 5. COMMISSIONER SOCIAL WELFARE DEPARTMENT, 5TH FLOOR, M S BUILDING, - 3 - HC-KAR NC: 2025:KHC:35913 WP No. 27675 of 2025 DR B R AMBEDKAR VEEDHI, BENGALURU 560001. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1, R3, R4 AND R5) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SETTING ASIDE THE IMPUGNED ORDER DATED 09.06.2025 PASSED BY THE R-2 TO 5 AT ANNX-C INSOFAR AS THE PETITIONER IS CONCERNED; DIRECT THE RESPONDENTS TO RELEASE THE FORFEITED EMD AMOUNT OF RS. 24,69,390/-; DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER TO PARTICIPATE IN FUTURE TENDERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:35913 WP No. 27675 of 2025 ORAL ORDER The petitioner, who has participated in the tender floated by the second respondent for procurement of food and other items, is aggrieved by the second respondent's order dated 09.06.2025 [Annexure-C] which stipulates that the petitioner cannot participate in the re-tender. The second respondent because of disputes raised by the petitioner has re-notified tender. This Court, before adverting to the petitioner's grievance, must record the material circumstances preceding the impugned decision. It is undisputed that the second respondent has floated the tender stipulating that the bidders should not offer less than 90% of the tender value and if the bidders offer any value lesser than 90% of the value, even for reasons such as typographical error, certain consequences would be. The consequence, apart from the forfeiture of the EMD, is the stipulation that the - 5 - HC-KAR NC: 2025:KHC:35913 WP No. 27675 of 2025 Tenderer cannot re-participate in the re-tender. It is undisputed that the petitioner has offered below 90%, though by a small margin, which is also covered by the stipulation as aforesaid. Sri Shivaprasad Shantanagoudar, the learned counsel for the petitioner, submits that the petitioner's grievance with this decision stems from the apprehension that it operates as blacklisting/debarring the petitioner resulting in consequences that could prevent the petitioner from participating in other tenders. In response, Sri C Srinivasa, the learned counsel for the second respondent, on instructions, submits that the decision is to give effect to the stipulation not to participate in the tender and it is not a decision that is contemplated under Section 14A of the Karnataka Transparency in Public Procurement Act, 1999. This Court is of the view that the afore must suffice - 6 - HC-KAR NC: 2025:KHC:35913 WP No. 27675 of 2025 insofar as the petitioner's grievance. While so observing, the petition stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE AN/-