- 1 - NC: 2025:KHC-D:2285 WP No. 106339 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.106339 OF 2024 (GM-TEN) BETWEEN: M/S.MUJAWAR PETROLEUM, REPRESENTED BY ITS PROPRIETOR, ATHIF S/O. ABDUL SALAM MUJAWAR, AGE: 57 YEARS, OCC: BUSINESS, R/O: PLOT NO.1308, S.NO.621, KANBARGI INDUSTRIAL AREA, KIADB, OPP. TATA POWER, AUTO NAGAR, BELAGAVI – 590 016. …PETITIONER (BY SRI JAGADISH PATIL, ADVOCATE) AND: 1. THE UNION OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS, REPRESENTED BY ITS SECRETARY, SHASTRI BHAWAN, NEW DELHI – 110 001. 2. BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CPO-M, A – INSTALLATION, SEWRI FORT ROAD, SEWR EAST, MUMBAI – 400 015, MAHARASHTRA, (OUT OF STATE). Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2285 WP No. 106339 of 2024 3. BHARAT PETROLEUM CORPORATION LIMITED, REPRESENTED BY ITS PROCUREMENT, MANAGER (CPC MARKETING), GROUP-10, BHARAT PETROLEUM CORPORATION LIMITED, COP-M, A-INSTALLATION, SEWRI FORT ROAD, SEWRI EAST, MUMBAI – 400 015, MAHARASHTRA, (OUT OF STATE). 4. THE DEPOT MANAGER, BHARAT PETROLEUM CORPORATION LIMITED, DESUR DEPOT, BELAGAVI – 590 001. …RESPONDENTS (BY SRI VENKATESH M. KHARVI, DSGI FOR R1; SRI C.V.ANGADI, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE OF MANDAMUS OR SUCH OTHER APPROPRIATE DIRECTION TO THE RESPONDENT NO.3 AND 4 TO CONSIDER THE E-TENDER DATED 04/06/2023 VIDE ANNEXURE-C SUBMITTED BY THE PETITIONER CONCERNING TENDER REFERENCE NO.BPCL/ RETAIL/ POL/BULK/DESUR/2023-28 BEARING E-TENDER ID 11877 PUBLISHED ON 15/05/2023 BY 3RD RESPONDENT VIDE ANNEXURE-A AND ISSUE LETTER OF INTENT TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:2285 WP No. 106339 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Heard the learned counsel Sri Jagadish Patil appearing for the petitioner. 2. This Court on 22.01.2025 had passed the following order: “The petitioner is before this Court seeking a direction to know what has become of his tender application submitted pursuant to a notice inviting tender. Learned counsel for the petitioner submits that his technical bid was accepted and what remained was acceptance of the financial bid, what has happened after that is not communicated to the petitioner. Learned counsel Shri C.V. Angadi submits that it is deemed rejection as somebody else is issued the work order if in order to that effect is communicated to the petitioner, the rights of the petitioner can then be pursued. Therefore, by the next date of hearing, the status of the tender of the petitioner qua financial bid be placed before the Court. List the matter on 30.01.2025.” - 4 - NC: 2025:KHC-D:2285 WP No. 106339 of 2024 3. Status report was directed to be placed. The respondent has placed the status report. 4. On a perusal of the status report, the learned counsel Sri Jagadish Patil submits that he would want to raise a challenge to the modus of the respondent, which is violative of transparency, as necessary under Article 14 of the Constitution of India as the respondent is a State under Article 12 of the Constitution of India. 5. In that light, I deem it appropriate to reserve liberty to the petitioner to raise a challenge to the modus and dispose the subject petition as sought for. The petition stands disposed as withdrawn reserving such liberty. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 22