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2025 DAILYLAW 74229 (KAR)

KARNATAKA RAJYA ANUMATHI PADEDA SUPER GRADE VIDYUT GUTTIGEDARARA KSHEMABIVRUDDI SANGHA (R) v. THE STATE OF KARNATAKA

WP/5851/2025 · 2025-08-13

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 5851 OF 2025 (GM-KEB) BETWEEN: 1. KARNATAKA RAJYA ANUMATHI PADEDA SUPER GRADE VIDYUT GUTTIGEDARARA KSHEMABIVRUDDI SANGHA (R), A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960, REP. BY ITS PRESIDENT SRI. VEERANNA C. R/AT DOOR NO.2191-465, CHIKKAMMANNI DEVARAJ URS BADVANE, DAVANAGERE - 577 005. 2. M.P. ELECTRICALS REP. BY PROPRIETOR, SRI. JAGADEESH M.R. AGED 66 YEARS, S/O. LATE D.RANE GOWDA, R/AT BASAVESHWARA TEMPLE, MADDARAHALLI, KANAKATTI KITTANA KERE, ARASIKERE TALUK, HASSAN DISTRICT 573 117. 3. MANGALA ELECTRICALS, SUPER GRADE LICENSED ELECTRICAL CONTRACTOR, PWD ELECTRICAL AND CIVIL CONTRACTOR, KAIKAMBA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 GANJIMUTT POST, MANGALORE, D.K. DISTRICT - 574 144. REP. BY ITS PROPRIETOR, G. BHASKAR BHAT, AGED ABOUT 66 YEARS, S/O. G. NARAYANA BHAT, R/AT MANGALA, BADAGA ULIPADI VILLAGE, GANJIMUTT, MANGALORE TALUK, D.K. DISTRICT - 574 144. 4. M/S. APOLLO ELECTRICALS, SUPER GRADE LICENSED ELECTRICAL CONTRACTORS AND ENGINEERS PWD AND PRED CONTRACTORS, VITTAL ROAD, KALADKA, BANTWAL TALUK, D.K. DISTRICT - 574 222 REP. BY ITS PROPRIETOR, MR. SULAIMAN G. 5. SRI DURGA POWER SYSTEM, DOOR NO.3-189/3, MONTHIMAR, MANCHI POST AND VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 323 REP. BY IT PROPRIETOR, SRI GANESH PRABHU M., 6. KANARA TECHNICAL POWER COMPANY, ELECTRICAL CONTRACTORS AND MAN POWER SUPPLY, NO.G-1-339/4, VITTAL ROAD, KALLADKA, GOLTHAMAJAL, BANTWAL TALUK, D. K. DISTRICT - 574 222 REP. BY ITS MANAGING PARTNER, SRI JAGADEESHA C. R. 7. SRI MYLARALINGESHWARA ELECTRICALS, GOVT. LICENSED SUPER GRADE ELECTRICAL CONTRACTORS, REP. BY ITS PROPRIETOR, - 3 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 SRI. SHIVARAJU S, S/O. SIDDAPPA, AGED ABOUT 50 YEARS, R/ATNO.106, SATHENAHALLI GATE, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 117. 8. M/S. SHRI MALLIKARJUN ELECTRICALS, GOVT. LICENSED SUPER GRADE ELECTRICAL CONTRACTORS, REP. BY ITS PROPRIETOR, SRI. ASHOK M METI, S/O. MALAKAJAPPA, AGED ABOUT 55 YEARS, R/ATNEAR SHAMS SCHOOL, KEERTHI NAGAR, VIJAYAPUR - 586 101. 9. M/S. VIJAYASHREE ENTERPRISES , GOVT. LICENSED SUPER GRADE ELECTRICAL CONTRACTORS, REP. BY ITS PROPRIETOR, SRI. SIDDALAH M MUTT, S/O. MALLALAH MUTT, AGED ABOUT 60 YEARS, R/AT NO.8-462/1C, ASIFGUNJ, LOHARGALLI, KALABURGI 585 101. 10. M/S. ANIL ELECTRICALS, GOVT. LICENSED SUPER GRADE ELECTRICAL CONTRACTORS, REP. BY ITS PROPRIETOR, SRI. ANILKUMAR S AINAPUR, S/O. SHESHAIAH AINAPUR, AGED ABOUT 69 YEARS, R/ATNO.1-10/6, SANGAM NILAYA, MAIN ROAD, KOMTIGALLI, SEDUM 585 222. …PETITIONERS (BY SRI. PRASANNA V R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA - 4 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF ENERGY, VIKASA SOUDHA, BENGALURU 560 001 2. KARNATAKA POWER TRANSMISSION CORPORATION LTD., REP. BY ITS MANAGING DIRECTOR, KAVERI BHAVAN, K.G. ROAD, BENGALURU 560 009. 3. THE GENERAL MANAGER (TECH) KPTCL., KAVERI BHAVAN, K.G. ROAD, BENGALURU 560 009. 4. THE DIRECTOR (TECHNICAL) KPTCL., KAVERI BHAVAN, K.G. ROAD, BENGALURU 560 009. 5. THE SUPERINTENDING ENGINEER (ELE), WORKS AND MAINTENANCE, BENGALURU CIRCLE, KAVERI BHAVAN, K.G. ROAD, BENGALURU 560 009. 6. THE SUPERINTENDING ENGINEER (ELE), WORKS AND MAINTENANCE, TUMKUR CIRCLE, TUMKUR 572 101. 7. THE SUPERINTENDING ENGINEER (ELE), WORKS AND MAINTENANCE, MYSORE CIRCLE, MYSORE 570 001. 8. THE SUPERINTENDING ENGINEER (ELE), WORKS AND MAINTENANCE, HASSAN CIRCLE, HASSAN 570 201. 9. THE SUPERINTENDING ENGINEER (ELE), WORKS AND MAINTENANCE, - 5 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 BAGALKOTE CIRCLE, BAGALKOTE 587 101. 10. THE SUPERINTENDING ENGINEER (ELE), WORKS AND MAINTENANCE, KALABURGI CIRCLE, KALABURGI - 585 100. …RESPONDENTS (BY SMT.VAHEEDA, AGA FOR R1; SMT.ANJANA A.V, ADVOCATE FOR SMT.RAKSHITHA.D.J, ADVOCATE FOR R2 TO R5 AND R9.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 KPTCL TO CONSIDER THE REPRESENTATION DTD. 12.11.2024 SUBMITTED BY THE P-1 SOCIETY, VIDE ANNX-A SO AS TO MODIFY THE TENDER GUIDELINES DTD. 28.03.2024 IN NO. B- 14/6014/2002-03 ISSUED BY THE R-3 KPTCL.QUASH THE TENDER GUIDELINES DTD. 28.03.2024 IN NO. B- 14/6014/2002-03 ISSUED BY THE R-2 KPTCL, AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER 1. Writ Petition is filed for following reliefs – (1) Issue a Writ of Mandamus, directing the Respondent No.2 KPTCL to consider the Representation dated.12.11.2024 submitted by the petitioner No.1 Society, vide Annexure-A, so as to modify the Tender Guidelines dated 28.03.2024 in No.B- - 6 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 14/6014/2002-03 issued by the respondent No.2 KPTCL., (2) Issue a Writ of Certiorari quashing the Tender Guidelines dated 28.03.2024 in No.B-14/6014/2002-03 issued by the respondent No.2 KPTCL., and proceedings dated: 21.02.2024 so as to issue such guidelines, vide Annexure-B and B-1 respectively. 2. Sri V.R.Prasanna, learned counsel for petitioners submitted that petitioners had made representations for consideration of Annexure-A before respondent no.1, for modification of tender Guidelines issued at Annexures-B and B1 dated 28.03.2024 and 21.02.2024 respectively issued by respondent no.2. In terms of direction of respondent no.2, tender Notifications were to be issued incorporating certain conditions. 3. Learned counsel for respondents no.2 to 5 has filed a Memo producing copy of communication dated - 7 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 11.02.2025 and a corrigendum issued by respondent no.2 to all Chief Engineers to withdraw pending tender processes for incorporation of specific conditions in view of formulation of reservation for Group-D employees in outsourcing/deployment of personnel on outsourcing etc., and submits that by virtue of said communication, petitioners’ apprehension about present tender Notifications would be rendered infructuous. 4. Learned counsel for petitioners is unable to dispute same. 5. Since petitioners’ apprehension/grievance against present tender Notifications has been rendered infructuous, petitioners would not have cause of action to question Guidelines. 6. Therefore, Writ Petition is disposed of reserving liberty to petitioners to question Guidelines as and - 8 - HC-KAR NC: 2025:KHC:31549 WP No. 5851 of 2025 when fresh tender Notifications are issued incorporating any conditions affecting petitioners. In view of disposal of petition, pending interlocutory applications, if any, stand disposed of. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 14