- 1 - NC: 2025:KHC-D:561 WP No. 106578 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.106578 OF 2024 (GM-TEN) BETWEEN: SURESH S/O. SHANKAR MALI, AGED: 55 YEARS, OCC: CLASS I CONTRACTOR, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT - 587 330. PROPRIETOR OF SANGAMESHWAR ELECTRICALS SAVALAGI. …PETITIONER (BY SRI GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M. S. BUILDING, DR AMBEDKAR VEEDHI, BENGALURU, DIST: BENGALURU - 560 001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. 3. THE CO-OPERATIVE DEVELOPMENT OFFICER, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT - 587 301. 4. THE PRATHAMIKA KRUSHI PATTINA SAHAKARI SANGHA, SAVALAGI, REPRESENTED BY ITS SECRETARY, SAVALAGI, TQ: JAMKHANDI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:561 WP No. 106578 of 2024 DIST: BAGALKOT – 587 330. 5. SHAHSHIKUMAR S/O. GANAPATI BHAPAKAR, AGE: 33 YEARS, R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT - 587 330, PROPRIETOR BHAVANI ELECTRICALS SAVALAGI. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2; SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R4; SRI MAHANTESH R. PATIL, ADVOCATE FOR R5; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI TO QUASH THE RESOLUTION DATED 12.08.2024 AND THE WORK ORDER DATED 04.11.2024 PASSED/ISSUED BY THE RESPONDENT NO. 4 SOCIETY VIDE ANNEXURE-D AND J, BEARING NO.PACSSLG/231/2024 RESPECTIVELY, AND ALSO THE ENDORSEMENT DATED 30.10.2024 ISSUED BY THE RESPONDENT NO. 2 IN PÀæ.¸ÀA.JDgï-8/AiÉÆÃd£É/¹.Dgï118/2024-25, VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY. CONSEQUENTLY, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO ISSUE A TENDER AND WORK ORDER IN FAVOR OF THE PETITIONER IN TERMS OF THE TENDER PUBLICATION DATED 17.07.2024 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-A AND ETC., - 3 - NC: 2025:KHC-D:561 WP No. 106578 of 2024 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Heard the learned counsel for the petitioner and the learned AGA for the respondent Nos.1 and 2-State. 2. The petitioner is before this Court calling in question the resolution dated 12.08.2024 and issuance of work order dated 04.11.2024. 3. A Coordinate Bench of this Court has in terms of an order dated 08.11.2024, interdicted the completion of work by grant of the stay order. The said stay order is continued from time to time. Counsel for the respondent- Tender Inviting Authority has filed statement of objections and would take this Court through the statement of objections to demonstrate that between 04.11.2024 and 08.11.2024 majority of work had already been completed. At that juncture, this Court had granted an interim order not to precipitate any further. Since the work order is - 4 - NC: 2025:KHC-D:561 WP No. 106578 of 2024 issued, the petitioner has an alternative and efficacious, statutory remedy as obtained under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999. Since the work order admittedly issued and work has commenced, therefore, it is for the petitioner to approach the appellate authority calling in question the issuance of work order. 4. As the learned counsel for the petitioner has projected several issues regarding technicalities in the tender, which this Court is not armed with expertise to consider, in that light, I permit the petitioner to avail of the remedy of filing an appeal within seven days from today and in the event the appeal is filed by the petitioner within seven days from today, the appellate authority shall pass appropriate orders on the appeal after hearing the parties within four weeks from the date of such filing. 5. In the light of the interim order subsisting even today, I deem it appropriate to continue the same and - 5 - NC: 2025:KHC-D:561 WP No. 106578 of 2024 make it subject matter of decision of the appellate authority that would be filed by the petitioner, if filed. 6. It is made clear that if the petitioner would not avail the remedy of filing an appeal, the interim protection that is granted would automatically vanish. 7. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 39