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2025 DAILYLAW 68230 (KAR)

M/S SREE LAKSHMI JANARDANASWAMY ENTERPRISES v. STATE OF KARNATAKA

WP/37778/2025 · 2025-12-15

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53744 WP No. 37778 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37778 OF 2025 (GM-TEN) BETWEEN: M/S SREE LAKSHMI JANARDANASWAMY ENTERPRISES SHOP NO.17 AND 18, 1ST FLOOR, R.R. COMPLEX, III CROSS, JAKKUR - AMRUTHAHALLI MAIN ROAD, NAVYANAGAR BANGALORE - 560 064 A PROPRIETORSHIP FIRM REPRESENTED BY ITS PROPRIETOR SR.H.N MANJUNATH …PETITIONER (BY MS.NIREEKSHA.D.J., ADVOCATE FOR SRI. SHOWRI H R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF SERICULTURE AND HORTICULTURE VIDHANSOUHDA BENGALURU 560 001 2. THE SECRETARY DEPARTMENT OF HORTICULTURE AND SERICULTURE IV FLOOR, GATE NO.3, M.S BUILDING B.R.AMBEDKAR VEEDHI, BANGALORE 560 001 3. THE COMMISSIONER DEPARTMENT OF SERICULTURE V FLOOR, GATE NO.1, M.S BUILDING B.R.AMBEDKAR VEEDHI, BANGALORE 560 001 4. THE DEPUTY DIRECTOR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53744 WP No. 37778 of 2025 OF SERICULTURE ZILLA PANCHAYATH, TUMKUR 562 159 …RESPONDENTS (BY SMT. K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT AND QUASH THE TENDER NOTIFICATION REFERENCE NO. DDS/TMKZP/DIS/TENDER/17/2025- 26 DATED 26.11.2025 AT ANNEXURE -A., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of certiorari or any other writ and quash the tender notification reference No. DDS/TMKZP/DIS/TENDER/17/2025-26 dated 26.11.2025 at Annexure -A. (b) In the alternative issue a writ of mandamus and direct the Respondent No.4 to struck down or modify Clause 2 of Section VII of the tender notification bearing No. reference No.DDS/TMKZP/DIS/TENDER/17/2025-26 dated 26.11.2025 at Annexure-A for supply of general disinfectants, surface disinfectant Chlorine base - liquid form, surface disinfectant-Phenol base-liquid form. Hygiene disinfectants, bed disinfectants, Uzi Pheromone Trap, Mulberry Specific root rot management, Mulberry specific multi nutrient, grade -I bleaching powder & Slaked Lime for the year 2025 - 3 - HC-KAR NC: 2025:KHC:53744 WP No. 37778 of 2025 - 2026 inorder to enable the manufacturers/authorised dealers who holds the valid lincense from other states sericulture Institute throughout the country of India to participate in the tender process scheduled on 15.12.2025. (c) Grant such other order or direction as deemed fit by this Hon'ble Court in the facts and circumstances of the case. 3. The grievance of the petitioner is that though the petitioner has a certification from the Andhra Pradesh State Sericulture Research and Development Institute, Hindupur, the said certification is not being accepted by the respondents. A perusal of clause 2 of the tender notification indicates that valid licenses has to be from the Karnataka State or Central Silk Board, recognized Sericulture Research Institutes, Andhra Pradesh State Sericulture Research and Development Institute being a recognized Sericulture Research Institute, I am of the considered opinion that the petitioner cannot be deprived from participating in tender notification. 4. In that view of the matter, the respondents are directed to permit the petitioner to participate in the said tender notification since the petitioner would have to be permitted to participate in the tender notification. There - 4 - HC-KAR NC: 2025:KHC:53744 WP No. 37778 of 2025 would be no requirement for quashing the tender notification or modify the tender notification as sought for by the petitioner. 5. In that view of the matter, I pass the following: ORDER i) Writ Petition is allowed. ii) The reliefs sought for are moulded. iii) The petitioner having a certificate from the Andhra Pradesh State Sericulture Research and Development Institute, Hindupur is permitted to participate in the tender. iv) Learned Additional Government Advocate is directed to intimate the above order to the respondents. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 34