- 1 - HC-KAR NC: 2025:KHC-D:13537 WP No. 101178 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101178 OF 2025 (GM-TEN) BETWEEN: M/S. AMAR INFRA PROJECTS, C-109, GANDHI NAGAR, KAVOOR, MANGALORE-575015, PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER, SRI. ANIL KUMAR SHETTY, S/O. KRISHNA SHETTY, AGED ABOUT 51 YEARS. …PETITIONER (BY SRI. M.M. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE DIRECTOR AND JOINT SECRETARY RURAL DRINKING WATER AND SANITATION DEPARTMENT, BENGALURU-560001. 3. THE EXECUTIVE ENGINEER RURAL DRINKING WATER AND SANITATION DEPARTMENT, KARWAR, UTTARA KANNADA-581306. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13537 WP No. 101178 of 2025 4. MR. RAJEEV P NAIK FATHER’S NAME NOT KNOWN ADULT, EXECUTIVE ENGINEER, RURAL DRINKING WATER AND SANITATION DEPARTMENT, KARWAR, UTTARA KANNADA-581306. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR RECORDS.B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE REJECTION OF THE BID OF THE PETITIONER IN THE EARLIER TENDER PROCESS VIDE THE STATUS UPLOADED IN THE KPP PORTAL AT ANNEXURE AC, IN THE INTEREST OF JUSTICE. C) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE PROCEEDINGS DATED 30.12.2024 (ANNEXURE AD) PASSED BY THE RESPONDENT NO.3 INSOFAR AS CANCELLATION OF THE EARLIER TENDER PROCESS DATED 17.07.2024 REFERENCE NO. RWSSD/2024-25/WT/ WORK INDENT 8117 FOR THE WORK OF OPERATION AND MAINTENANCES TO WATER SUPPLY SCHEME TO GOKARNA AND 7 OTHER VILLAGES FOR THE YEAR 2024-25, IN THE INTEREST OF JUSTICE.D) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE NOTICE INVITING TENDER PUBLISHED ON 10.01.2025 REFERENCE NO. RWSSD/2024-25/WT/ WORK INDENT 8117/CALL-2 FOR THE WORK OF OPERATION AND MAINTENANCES TO WATER SUPPLY SCHEME TO GOKARNA AND 7 OTHER VILLAGES FOR THE YEAR 2024-25 (ANNEXURE AE), IN THE INTEREST OF JUSTICE. E) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.3 TO CONTINUE THE TENDER PROCESS VIDE EARLIER TENDER PROCESS DATED 17.07.2024 REFERENCE NO. RWSSD/2024-25/WT/ WORK INDENT 8117 FOR THE WORK OF OPERATION AND MAINTENANCES TO WATER SUPPLY SCHEME TO GOKARNA AND 7 OTHER VILLAGES FOR THE YEAR 2024-25, IN THE INTEREST OF JUSTICE.F) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.3 AND RESPONDENT NO.4 TO PAY TO THE PETITIONER THE COST OF THE ENTIRE PROCEEDINGS AND ALSO TO PAY COMPENSATORY DAMAGES TO THE PETITIONER, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:13537 WP No. 101178 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Call for records. b. Issue a writ of certiorari or any other writ or order quashing the rejection of the bid of the petitioner in the earlier tender process vide the status uploaded in the KPP portal at ANNEXURE AC, in the interest of justice. c. Issue a writ of certiorari or any other writ or order quashing the proceedings dated 30.12.2024 (ANNEXURE AD) passed by the Respondent No.3 insofar as cancellation of the earlier tender process dated 17.07.2024 reference no. RWSSD/2024-25/WT/ WORK INDENT 8117 for the work of Operation and Maintenances to Water Supply Scheme to Gokarna and 7 other villages for the year 2024- 25, in the interest of justice. d. Issue a writ of certiorari or any other writ or order quashing the notice inviting tender published on 10.01.2025 reference No. RWSSD/2024-25/WT/ WORK INDENT 8117/call- 2 for the work of Operation and Maintenances to Water Supply Scheme to Gokarna and 7 other villages for the year 2024-25 (ANNEXURE AE), in the interest of justice. - 4 - HC-KAR NC: 2025:KHC-D:13537 WP No. 101178 of 2025 e. Issue a Writ of Mandamus or any other writ, order or direction, directing the respondent no.3 to continue the tender process vide earlier tender process dated 17.07.2024 reference no. RWSSD/2024-25/WT/ WORK INDENT 8117 for the work of Operation and Maintenances to Water Supply Scheme to Gokarna and 7 other villages for the year 2024-25, in the interest of justice. f. Issue a Writ of Mandamus or any other writ, order or direction, directing the Respondent No.3 and Respondent No.4 to pay to the petitioner the cost of the entire proceedings and also to pay compensatory damages to the Petitioner, in the interest of justice. g. Grant costs of the proceedings. 2. A memo dated 22.09.2025 singed by the petitioner and learned counsel for the petitioner, has been filed, which reads as under; “Petitioner most respectfully submits as under: It is submitted that subsequent to the filing of the aforesaid Writ Petition, the Appellate Authority has passed an order dated 08.03.2025 directing the Respondent No. 3 herein to seek for extension in the bid validity and to reinitiate the process of tender evaluation for the first call. In view of the aforesaid subsequent development sought in the above Writ Petition has become infructuous and prayers sought therein do not survive for consideration. Under the circumstances the Petitioner seeks permission of this Hon'ble - 5 - HC-KAR NC: 2025:KHC-D:13537 WP No. 101178 of 2025 Court to withdraw the above Writ Petition with liberty to approach this Hon'ble Court, if need be, in future in interest of justice and equity. Wherefore it is prayed that this Hon'ble Court be pleased to permit the Petitioner to withdraw the above Writ Petition with liberty to approach this Hon'ble Court, if need be, in future, in the interest of justice and equity. It is prayed that all contentions urged in the Writ Petition be kept open.” 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn, with liberty to file fresh petition, with any other cause of action. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 2 Sl No.: 102