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2025 DAILYLAW 60141 (KAR)

M/S. MALAPRABHA INDUSTRIES v. THE STATE OF KARNATAKA

WP/100797/2021 · 2025-09-18

S Sunil Dutt Yadav

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12661 WP No. 100871 of 2021 C/W WP No. 100797 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 100871 OF 2021 C/W WRIT PETITION NO. 100797 OF 2021 (GM-TEN) IN WP NO. 100871/2021: BETWEEN: 1. AMRIT ENGINEERING PUMPS PVT. LTD., NEW-4141, 2ND STAGE, MOTILAL CENTRE, N.R. DINESH HALL, ASHRAM ROAD, AHMADABAD 380009, GUJARAT, R/BY ITS AUTHORIZED SIGNATORY, SRI. VEERABASAPPA V. NAREGAL, AGE 48 YEARS. 2. MAHAVIR SUBMERSIBLES PVT. LTD., NO.1673, VISHNU KURELLAS, 16TH ‘A’ MAIN, 31ST CROSS, BSK 2ND STAGE, BENGALURU 560070. R/BY ITS AUTHORIZED SIGNATORY, SRI. SUBASH S., AGE 54 YEARS. 3. UNITED ENGINEERING WORKS NO.235, HONGASANDRA BEGUR ROAD, BEGUR HOBLI, BOMMANAHALLI, BENGALURU 560068 R/BY ITS AUTHORIZED SIGNATORY SRI. VEERABAAPPA V. NAREGAL, AGE 48 YEARS. - PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY THE CHIEF SECRETARY, DEPARTMENT OF SOCIAL WELFARE, VIDHANA SOUDHA, BENGALURU 560001. 2. THE UNDER SECRETARY, DEPARTMENT OF SOCIAL WELFARE, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU 560001. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12661 WP No. 100871 of 2021 C/W WP No. 100797 of 2021 3. THE EXECUTIVE ENGINEER, DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION LTD., V.V. TOWERS, AMBEDKAR VEEDHI, BENGALURU 560001. 4. THE MANAGING DIRECTOR, DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION LTD., V.V. TOWERS, AMBEDKAR VEEDHI, BENGALURU 560001. 5. THE CHIEF GENERAL MANAGER/ TENDER INVITING AUTHORITY, DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION LTD., V.V. TOWERS, AMBEDKAR VEEDHI, BENGALURU 560001. - RESPONDENTS (BY SRI. V.S. KALASURMATH, A.G.A FOR R1 & R2; SRI. GIRISH V. BHAT, ADVOCATE FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE TENDER NOTIFICATION BEARING NO.ADCL/GKS/P.TENDER/18/2020- 21/11839 DATED 04.02.2021 INVITED BY THE 3RD RESPONDENT FOR THE YEARS 2018-19 FOR 31 DISTRICTS IN KARNATAKA STATE IN 31 PACKAGES, UPLOADED IN E-PROCUREMENT PORTAL ON 05.02.2021 ISSUED BY RESPONDENT NO.3 MARKED AT ANNEXURE-N IN SO FAR AS PETITIONERS ARE CONCERNED & ETC. IN WP NO. 100797/2021: BETWEEN: 1. M/S. MALAPRABHA INDUSTRIES, C-48, KSSIDC INDUSTRIAL ESTATE, ANGOL INDUSTRIAL ESTATE, UDAYAMBAG, BELAGAVI 590008 R/BY ITS PROPRIETOR, SRI. BASAVARAJ R. BALEKUNDARAGI, AGE 64 YEARS. 2. INNOVATIVE EQUIPMENTS PVT. LTD., PROCESS, B-475, INDUSTRIAL ESTATE, GOKUL ROAD, HUBBALLI 580030. R/BY ITS PROPRIETOR/DIRECTOR, SRI. KETAN MAHESHWARI, AGE 57 YEARS. - PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:12661 WP No. 100871 of 2021 C/W WP No. 100797 of 2021 AND: 1. THE STATE OF KARNATAKA R/BY THE CHIEF SECRETARY, DEPARTMENT OF SOCIAL WELFARE, VIDHANA SOUDHA, BENGALURU 560001. 2. THE UNDER SECRETARY, DEPARTMENT OF SOCIAL WELFARE, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU 560001. 3. THE EXECUTIVE ENGINEER, DR. B.R. AMBEDKAR DEVELOPMENT, CORPORATION LTD., V.V. TOWERS, AMBEDKAR VEEDHI, BENGALURU 560001. 4. THE MANAGING DIRECTOR, DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION LTD., V.V. TOWERS, AMBEDKAR VEEDHI, BENGALURU 560001. 5. THE CHIEF GENERAL MANAGER/ TENDER INVITING AUTHORITY, DR. B.R. AMBEDKAR DEVELOPMENT CORPORATION LTD., V.V. TOWERS, AMBEDKAR VEEDHI, BENGALURU 560001. - RESPONDENTS (BY SRI. V.S. KALASURMATH, A.G.A FOR R1 & R2; SRI. GIRISH V. BHAT, ADVOCATE FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE TENDER NOTIFICATION BEARING NO.ADCL/GKS/P.TENDER/18/2020- 21/11839 DATED 04.02.2021 INVITED BY THE 3RD RESPONDENT, FOR THE YEARS 2018-19 FOR 31 DISTRICTS IN KARNATAKA STATE IN 31 PACKAGES, UPLOADED IN E-PROCUREMENT PORTAL ON 05.02.2021 ISSUED BY RESPONDENT NO.3 MARKED AT ANNEXURE-N & ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV - 4 - HC-KAR NC: 2025:KHC-D:12661 WP No. 100871 of 2021 C/W WP No. 100797 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present writ petitions have been filed calling in question the validity of the tender notification bearing No. ADCL/GKS/P.TENDER/18/2020-21/11839 dated 04.02.2021 invited by the third respondent for the year 2018-19 for 31 Districts in the State of Karnataka. 2. The petitioners had also sought for alternative relief to issue writ of mandamus to direct respondents No.3 to 5 to permit petitioners to participate in the tender process and certain other reliefs are resorted as regards summoning of evaluation report. There was no representation on behalf of the petitioner when the matter was called out. 3. It is noticed that the tender process is completed as also the period of work pursuant to the tender which related to the year 2018-19. At this point of time, no further relief can be considered taking note of the nature - 5 - HC-KAR NC: 2025:KHC-D:12661 WP No. 100871 of 2021 C/W WP No. 100797 of 2021 of relief sought for. Accordingly, taking note of the submission of the respondents, petitions are dismissed as having become infructuous. Needless to state all contentions are kept open. Sd/- (S.SUNIL DUTT YADAV) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 8