- 1 - HC-KAR NC: 2025:KHC-D:10982 WP No. 105687 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105687 OF 2025 (GM-TEN) BETWEEN: SHRI NAGAPPA S/O. GIDDA SIDDI, AGE: 38 YEARS, OCC. CLASS-I CIVIL CONTRACTOR, R/O. NANDOLLI, HASTAKARAGADDE, TALUKA: YELLAPUR, DISTRICT: UTTARA KANNADA-581359. …PETITIONER (BY SRI. PRANAV S. KATAGERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS SECRETARY OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU, PIN CODE-560001. 2. THE EXECUTIVE ENGINEER PANCHAYAT RAJ ENGINEERING DIVISION, DIVISIONAL OFFICE, SIRSI, DISTRICT: UTTARA KANNADA-581401. 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT AT UTTARA KANNADA, KARWAR-581301. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI. S.V. YAJI, ADVOCATE FOR R2 AND R3) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10982 WP No. 105687 of 2025 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A) ISSUE A WRIT OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTICES DATED. 19-07-2025 AND 02-08-2025 ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-F AND H HEREIN BEARING NO. PÁ¤ EA/¥ÀAgÁEA/«²/¦©-3/²E/2025-26-699 & PÁ¤ EA/¥ÀAgÁEA/«²/Ef-3/²/E/2025-26/783 . B) ISSUE A WRIT OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION DATED. 31-07-2025 PRODUCED AT ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) Issue a writ or any other order or direction in the nature of certiorari by quashing the impugned notices dated. 19-07-2025 and 02-08-2025 issued by the respondent no. 2 as per annexure-f and h herein bearing No. PÁ¤ EA/¥ÀAgÁEA/«²/¦©-3/²E/2025-26-699 & PÁ¤ EA/¥ÀAgÁEA/«²/¦f-3/²/E/2025-26/783. b) Issue a writ or any other order or direction in the nature of mandamus to consider the - 3 - HC-KAR NC: 2025:KHC-D:10982 WP No. 105687 of 2025 representation dated. 31-07-2025 produced at Annexure-G or; c) Issue such other Order or Writ or Direction that this Hon’ble court deems fit, may kindly be passed in this case in the interest of justice and equity. 2. On enquiry with learned counsel for the petitioner as to whether the amounts are ready and would be paid, he submits that the petitioner would require one week’s time to make payment of the monies. 3. Learned counsel for respondent Nos.2 and 3 submits that new tender has been issued and the last date for submission of bids is 02.09.2025, which bid will be opened on 06.09.2025. The earlier tender has been issued in the month of June-2024. The delay is only on account of the petitioner. If at all, the petitioner’s were to participate in the said tender and succeed, the petitioner would be bound by the terms of the new tender. 4. Heard Shri Pranav S.Katageri., learned counsel for the petitioner, Shri Sharad V.Magadum., learned - 4 - HC-KAR NC: 2025:KHC-D:10982 WP No. 105687 of 2025 Additional Government Advocate for respondent No.1 and Shri S.V.Yaji., learned counsel for respondents No.2 and 3. Perused the papers. 5. The facts are not in dispute inasmuch as it is categorically seen that the petitioner has delayed in making payment of the due amounts despite demand being made by respondent Nos.2 and 3. Even today, the petitioner seeks for a week's time to make payment of the amounts when the new tender which has been issued would close on 02.09.2025. If at all, the petitioner’s were willing to make payments before that date, the request of the petitioner could have been considered. The request now made to make payment after the closure date cannot be considered for simple reason that there would be certain other persons who would be submitting their bids, would be left without any alternative. - 5 - HC-KAR NC: 2025:KHC-D:10982 WP No. 105687 of 2025 6. In that view of the matter, the request of the petitioner for extension of time by a period of one week to make payment of the amounts is rejected. There being no grounds made out in the petition, the petition is dismissed. 7. Liberty is however reserved to the petitioner to participate in the fresh tender by complying with the terms thereof. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 1 Sl No.: 69