- 1 - HC-KAR NC: 2025:KHC-D:15183 WP No. 101351 of 2025 C/W WP No. 101352 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101351 OF 2025 (GM-TEN) C/W WRIT PETITION NO. 101352 OF 2025 IN W.P. NO.101351/2025 BETWEEN: J.A.P. ROADLINES MARKET ROAD, SAVANUR, REPRESENTED BY ITS PARTNER, SHRI. JIKRIYAKHAN S/O. ARIFKHAN PATHAN, AGED ABOUT 44 YEARS, RESIDING NEAR MAIN ROAD, ANGANWADI, JUMMA BAZAR, SAVANUR, HAVERI-581118. …PETITIONER (BY SRI. VINAYAK MEGUNDI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SECRETARY TO GOVERNMENT, FOOD CIVIL SUPPLIES, CONSUMER AFFAIRS DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND OTHERS, CUNNINGHAM ROAD, BANGALORE-560058. 3. JOINT DIRECTOR, DEPARTMENT OF FOOD AND Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15183 WP No. 101351 of 2025 C/W WP No. 101352 of 2025 CIVIL SUPPLIES AND OTHERS, DHARWAD-580001. 4. OFFICE OF THE DEPUTY COMMISSIONER DHARWAD, FOOD CIVIL SUPPLIES, CONSUMER AFFAIRS DEPARTMENT, DHARWAD-580001. 5. SHANKAR S/O. RAMACHANDRA JADHAV RESIDING AT CTS NO.81 A 1A 1B, 3RD CROSS, NEAR SAI COLLEGE, SAPTAPUR, DHARWAD-580001. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA FOR R1 TO R4; SRI. S.S.PATIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION QUASHING THE NOTIFICATION BEARING NO.¸ÀA:D£Á¸À/¯É¥À±Á/¸Á.mÉA/2024-26 DATED 01.01.2025 ISSUED BY RESPONDENT NO.3 (ANNEXURE-G). 2. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 AND RESPONDENT NO.3 TO DISQUALIFY RESPONDENT NO.5 FROM PARTICIPATING IN THE TENDER PROCESS FOR THE PERIOD 2024-2026 DUE TO NON-COMPLIANCE WITH THE ELIGIBILITY CRITERIA. IN W.P. NO.101352/2025 BETWEEN: VIJAY PARVATI ROADLINES GUTTAL ROAD, HAVERI-581110, REPRESENTED BY ITS PARTNER, SHRI. MAHESH S/O. PANCHAKSHARAPPA CHINNIKATTI, AGED ABOUT 60 YEARS, RESIDING AT 4TH CROSS, NEAR K. C. C. BANK, SHIVALING NAGAR, HAVERI-581110. …PETITIONER (BY SRI. VINAYKUMAR M SHETTY, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:15183 WP No. 101351 of 2025 C/W WP No. 101352 of 2025 AND: 1. STATE OF KARNATAKA BY THE SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES, CONSUMER AFFAIRS DEPARTMENT, VIKAS SHOUDHA, BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND OTHERS, CUNNINGHAM ROAD, BANGALORE-560058. 3. JOINT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND OTHERS, DHARWAD-580001. 4. OFFICE OF THE DEPUTY COMMISSIONER, DHARWAD, FOOD CIVIL SUPPLIES, CONSUMER AFFAIRS DEPARTMENT, DHARWAD-580001. 5. SHANKAR S/O. RAMACHANDRA JADHAV RESIDING AT CTS NO.81 A 1A, 1B, 3RD CROSS, NEAR SAI COLLEGE, SAPTAPUR, DHARWAD-580001. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA FOR R1 TO R4; SRI. S.S. PATIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION QUASHING THE NOTIFICATION BEARING NO. SAM AA NAA SA/ LE PA SHAA/ SAA TEN/2024-26 DATED. 01-01-2025 ISSUED BY RESPONDENT NO. 3 (ANNEXURE-G) 2. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO. 2 AND RESPONDENT NO. 3 TO DISQUALIFY RESPONDENT NO. 5 FROM PARTICIPATING IN THE TENDER PROCESS FOR THE PERIOD 2024-2026 DUE TO NON-COMPLIANCE WITH THE ELIGIBILITY CRITERIA. - 4 - HC-KAR NC: 2025:KHC-D:15183 WP No. 101351 of 2025 C/W WP No. 101352 of 2025 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER 1. The petitioner is before this Court calling in question the Notification dated 01.01.2025, by which a tender for the purpose of distribution of food grains was invited. 2. Heard the learned counsel Sri.Vinayak Megundi, appearing for petitioner, learned AGA-Sri.T.Hanumareddy, for respondents No.1 to 4 and learned counsel Sri.S.S.Patil, appearing for respondent No.5 3. The issue in the lis does not pertain to the tender process, but to the disqualification of the respondent No.5. According to the petitioner, respondent No.5 does not possess a valid GST registration or the registration is inactive. Therefore, respondent No.5 should not be permitted to participate in the tender itself and the tender should be declared non-responsive on the score of it being in violation of the conditions of tender. 4. The learned counsel for the petitioner submits that it is trite law that any tenderer participating in a commercial tender process must possess a valid GST registration. - 5 - HC-KAR NC: 2025:KHC-D:15183 WP No. 101351 of 2025 C/W WP No. 101352 of 2025 5. The learned counsel appearing for the respondent No.5, would seek to place reliance upon a Notification of the Government of India dated 28.06.2017 and submits that GST registration would not be required in terms of clause 21 of the said notification. The tender process is not yet taken to its logical conclusion in the light of the interim order subsisting in the companion petition. If the issue is only with regard to disqualification of the respondent No.5 who does not admittedly possess a valid GST registration, it is now for the Tender Scrutiny Committee to scrutinize the applications, bearing in mind the necessity of GST registration for any tenderer who participate in the subject tender and also the exemption claimed in terms of the Notification dated 28.06.2017. For the said purpose the entire tender need not be stalled. All remedies available in law to the petitioners and respondents shall remain open. 6. Therefore, I deem it appropriate to dispose these petitions with the following direction: ORDER (i) The petitions are disposed. - 6 - HC-KAR NC: 2025:KHC-D:15183 WP No. 101351 of 2025 C/W WP No. 101352 of 2025 (ii) The Tender Scrutiny Committee shall now assess the tender documents that are submitted by the parties to the tender. But with particular reference to respondent No.5, who admittedly does not have a GST registration, if he is exempted in terms of the Notification dated 28.06.2017, the Tender Scrutiny Committee or the tender inviting authority, as the case would be, shall pass necessary orders thereon. All other contentions would remain open to be urged if the tender process would be taken to its logical conclusion. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 14