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2025 DAILYLAW 46147 (KAR)

M/S CHOICEFURN TECH LLP v. STATE OF KARNATAKA

WP/30624/2025 · 2025-11-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47298 WP No. 30624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30624 OF 2025 (GM-TEN) BETWEEN: M/S. CHOICEFURN TECH LLP, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.20/3, 1ST FLOOR, ASWATHAKATTE MAIN ROAD, OPP. STREET OF SHELL PETROL PUMP, OLD TOLLGATE, KASTURIBA NAGAR, MYSORE ROAD, BENGALURU - 560 026, REPRESENTED BY ITS PARTNER SRI HARISH BETALA, AGED ABOUT 38 YEARS, S/O PUKHRAJ BETALA. …PETITIONER (BY SRI. C.VIJAYA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, BACKWARD CLASSES, VIKASA SOUDHA, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47298 WP No. 30624 of 2025 2. THE COMMISSIONER, BACKWARD CLASSES WELFARE DEPARTMENT, NO.16/D, DEVRAJ URS BHAVAN, 3RD FLOOR, MILLERS TANK BED AREA, VASANTH NAGAR, BENGALURU - 560 001. 3. THE JOINT DIRECTOR (HOSTELS) AND TENDER INVITING AUTHORITY, OFFICE OF COMMISSIONER, BACKWARD CLASSES WELFARE DEPARTMENT, NO.16/D, DEVRAJ URS BHAVAN, 3RD FLOOR, MILLERS TANK BED AREA, VASANTH NAGAR, BENGALURU - 560 001. …RESPONDENTS (BY SMT. K.P.YASHODHA, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE TENDER NOTIFICATION REF NO.BCDW-12020/4/2025-HOSTEL-PART-I, DATED 11.09.2025 9.ELEGIBILITY CRITERIA CLAUSES I.E., CLAUSE 1(i) RELATING TO 10 YEARS EXPERIENCE WHICH IS REDUCED TO 8 YEARS BY WAY OF ABOVE ADDENDUM, 9(2)(1) RELATING TO TURNOVER EQUAL TO TENDER AMOUNT, 3. PERFORMANCE CAPABILITY MINIMUM 50% AND 5(v) RELATING TO IS 17636:2021/22 STANDARD TEST CERTIFICATES FOR THE PRODUCT OFFERED AND (ix)(a), (b) AND (c) CONDITION IN THE BID IN THE TENDER NOTIFICATION DATED 11.9.2025, A COPY OF WHICH IS PRODUCED AT ANNEXURE-E TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47298 WP No. 30624 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs: “(1) Issue a writ of certiorari or any other writ quashing the tender notification REF NO. BCWD- 12020/4/2025-HOSTEL-Part-I, dated 11.09.2025 9. ELEGIBILITY CRITERIA clauses i.e., clause 1(i) relating to 10 years' experience which is reduced to 8 years by way of above addendum, 9 (2) (i) relating to turnover equal to tender amount, 3. Performance capability minimum 50% and 5(v) relating to IS 17636:2021/22 standard test certificates for the product offered and (ix) (a), (b) & (c) condition in the bid in the tender notification dated 11.9.2025, a copy of which is produced at Annexure-E to meet the ends of justice. (ii) Further we Prayed pleased to order the cancellation of the present tender and order the department to refloat the tender with reasonable and justified conditions so that more number of participants are able to participate and provide fair competition. We also pray to point out the clauses found to be not justified by your honor and order the departments to refrain from such practice of fabricating unwanted unreasonable conditions. (iii) Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.” - 4 - HC-KAR NC: 2025:KHC:47298 WP No. 30624 of 2025 2. Memo dated 18.11.2025 has been filed by the learned counsel for the petitioner, which reads as under: "The petitioner has filed the above writ petition seeking to challenge the tender notification issued by the respondent No.2 & 3 dated on 11.9.2025. Now the respondent No.2 decided to bifurcate different bidders of the above tender notification. Hence the above petitioner decided to withdraw the above writ petition. WHEREFORE, the petitioner most respectfully prayed that this Hon'ble Court may be pleased permit the Petitioner to withdraw the above writ petition in the interest of justice and equity." 3. Accepting the said memo and submission of the learned counsel for the petitioner, petition stands dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE CBC List No.: 1 Sl No.: 122