- 1 - HC-KAR NC: 2025:KHC:54677 WP No. 37406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37406 OF 2025 (GM-TEN) BETWEEN: 1. M/S. SHRI GURU TRANSPORT REP. BY ITS MANAGING PARTNER SRI. M GURURAJ SHENOY, S/O LATE UPENDRA SHENOY AGED ABOUT 57 YEARS, NO.6-15-T-584/3, SHREYAS MANNAGUDDA, MANGALORE, DAKSHINA KANNADA, KARNATAKA-575003 (REGISTERED UNDER 58(1) OF INDIAN PARTNER SHIP ACT) 2. SMT. NAMITHA UMESHA KAMATH W/O UMESH KAMATH AGED ABOUT56 YEARS TRANSPORT CONTRACTOR, PROPRIETOR OF M/S MAHALAKSHMI TRANSPORT, NO.2670, DUEGAKERI HAONNAVAR, UTTARKANNADA (D) 581334 REGISTERED U/KMF NO 3) RULD 81(1) …PETITIONERS (BY SMT. SARITHA A L., ADVOCATE) AND: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54677 WP No. 37406 of 2025 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, BENGALURU 560 001. 2. THE COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BENGALURU 560 058. 3. THE CHAIRMAN /DEPUTY COMMISSIONER, TENDER SCRUTINY COMMITTEE, PDS FOOD GRAINS RETAIL TRANSPORTATION, MANGALORE 575003. 4. THE PROGRAMME DIRECTOR, E-PROCUREMENT PROCESS, ROOM NO.11, GROUND FLOOR, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI BENGALURU 560 001. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING THE 2ND AND 4TH RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 29.11.2025 SUBMITTED BY THE PETITIONERS VIDE ANNEXURE F AND G EXPEDITIOUSLY AND PERMIT THE PETITIONERS TO SUBMIT BID DOCUMENTS AS PRAYED FOR IN RESPECT OF BANTWAL AND MOODABIDIRL TALUKS IN RESPECT OF 1 PETITIONER IS CONCERNED AND - 3 - HC-KAR NC: 2025:KHC:54677 WP No. 37406 of 2025 KADABA TALUK IN RESPECT OF 2ND PETITIONER IS CONCERNED AND PERMIT TO PARTICIPATE THE PETITIONERS IN FURTHER TENDER PROCESS AS PER TENDER NOTIFICATION DATED 29.10.2025, A COPY OF WHICH IS PRODUCED 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 the respondents. 2. Petitioners are before this Court seeking for the following reliefs: "(i) Issue a writ of madamus or any other writ or direction directing the 2nd & 4th respondents to consider the representations dated 29.11.2025 submitted by the petitioners vide Annexure F & G expeditiously and permit the petitioners to submit bid documents as prayed for in respect of Bantwal and Moodabidri Taluks in respect of 1st petitioner is concerned and Kadaba Taluk in respect of 2nd petitioner is concerned and permit to participate the petitioners in further tender process as per tender notification dated 29.10.2025, a copy of which is produced at Annexure-A. (ii) Issue a writ of mandamus or any other writ or direction directing the 2nd respondent to consider the representation dated 01.12.2025 submitted by the petitioners vide Annexure H & H1 respectively as - 4 - HC-KAR NC: 2025:KHC:54677 WP No. 37406 of 2025 expeditiously and permit the petitioners to submit bid documents as prayed for in respect of Bantwal and Moodabidiri Taluks in respect of 1st petitioner is concerned and Kadaba Taluk in respect of 2nd petitioner is concerned and permit to participate in the further tender process, a copy of which is produced at Annexure-A. (iii) Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case. " 3. The grievance of the petitioners is that though the petitioners have made payment of the EMD amounts on 26.11.2025 and sought to upload the tender documents, the said documents could not be uploaded due to a technical glitch, which was followed up by the petitioners with the help desk of the respondents, despite which the same could not be done before 29.11.2025, which was the last date for submission of the bid. 4. Considering that the petitioners have made payment of the EMD amounts on 25.11.2026, which is available to the respondents and that due to a technical glitch, the petitioners could not upload the documents. I am of the considered opinion that the petitioner cannot be deprived - 5 - HC-KAR NC: 2025:KHC:54677 WP No. 37406 of 2025 of submitting his bid documents so long as the bid has not been finalised by the respondents. 5. In that view of the matter, the respondents are directed to consider the physical copy of the bid to be submitted by the petitioners by the end of today, subject to the respondents not having already completed the technical evaluation of the bids submitted by others. 6. Accordingly, the petition stands disposed. 7. IA.No.1/2025 filed for dispensation with the production of a certified copy of Annexure-A is allowed. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 15