- 1 - HC-KAR NC: 2025:KHC:54141 WP No. 7653 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7653 OF 2025 (GM-TEN) BETWEEN: 1. SRI SHAFI AHAMMED H. S/O H ABDUL GATTOOR SAB AGED ABOUT 37 YEARS, PROPRIETOR OF M/S DECCAN KING POHA INDUSTRIES, CHAMARAJPET MAIN ROAD, NEAR SYNDICATE BANK DAVANGERE - 577 001 R/AT NO.512, CHAMARAJPET MAIN ROAD, NEAR SYNDICATE BANK DAVANGERE - 577 001 (PETITIONER FIRM REGISTERED UNDER GST REGULATION) …PETITIONER (BY SMT. SARITHA A.L., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLY AND CONSUMERS AFFAIRS DEPARTMENT VIKASA SOUDHA, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54141 WP No. 7653 of 2025 2. THE COMMISSIONER, FOOD AND CIVIL SUPPLY AND CONSUMERS AFFAIRS DEPARTMENT, NO.8, CUNNINGHAM ROAD, BENGALURU - 560 052. 3. THE JOINT DIRECTOR, FOOD AND CIVIL SUPPLY AND CONSUMERS AFFAIRS DEPARTMENT, NO.8, CUNNINGHAM ROAD, BENGALURU 560 052 4. THE DEPUTY COMMISSIONER, CHAIRMAN OF TENDER EVALUATING COMMITTEE VIJAYANAGAR DISTRICT VIJAYANAGAR - 583 219 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RE- TENDER NOTIFICATION DATED 21.01.2025 BEARING NO.FSA/E-PROC/WHOLE SALE TENDER/102/2025-26 SO FAR AS CLAUSE 4(ix) OF THE TENDER CONDITION, SO FAR AS RESTRICTING THAT THE BIDDERS ANNUAL TURNOVER MUST BE 60 LAKHS AND ABOVE FROM THE FOOD GRAINS OR FOOD ITEMS TRANSPORTATION ACTIVITY ITSELF, A COPY OF WHICH IS ISSUED BY THE 2ND RESPONDENT AND PRODUCED AT ANNEXURE-E, AND DIRECT THE RESPONDENTS TO GO AHEAD WITH THE SAME CONDITIONS AS IN CLAUSE-4(IX) OF TENDER NOTIFICATIONS DATED 23.8.2024 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-B TO MEET THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC:54141 WP No. 7653 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: " (i) ISSUE, a writ of certiorari or any other writ or direction quashing the re-tender notification dated 21.1.2025 bearing no FSA/E-PROC/WHOLE SALE TENDER/102/2025-26 so far as Clause 4(ix) of the tender condition, so far as restricting that the bidders' Annual Turnover must be 60 Lakhs and above from the food grains or food items transportation activity itself, a copy of which is issued by the 2nd respondent and produced at Annexure- E and direct the respondents to go ahead with the same conditions as in clause-4sof Tender Notifications dated 23.8.2024 coples of which are produced at Annexures- B to meet the ends of justice. (ii) ISSUE, a writ of certiorari or any other writ or direction quashing the Technical Bid Evaluating Proceedings dated 25.02.2025 Issued by the 4th respondent in respect of Kottur taluk in Vijaynagar District, petitioner is concerned and direct the respondent to open the financial bid of the petitioner without reference to the re-tender notification dated 21.1.2025 bearing no FSA/E-PROC/WHOLE SALE TENDER/102/2025-26 so far as Clause 4(ix) of the tender condition vide Annexure E. (iii) ISSUE any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case. 2. Learned counsel for the petitioner seeks permission to withdraw the above petition and file an appeal under Section 16 of the Karnataka Transparency in Public - 4 - HC-KAR NC: 2025:KHC:54141 WP No. 7653 of 2025 Procurements Act, 1999. Reserving such liberty the petition stands disposed of. The interim order earlier granted is extended until 05.01.2026 to enable the petitioners to file the appeal. 3. If the appeal is not filed by 05.01.2026, the interim order shall stand automatically vacated. 4. It is for the appellate authority to consider the application for extension of interim order post 05.01.2026. 5. The appellate authority is directed to dispose the appeal as expeditiously as possible preferably within a period of 30 days from the date of filing of the appeal. SD/- (SURAJ GOVINDARAJ) JUDGE YKL List No.: 1 Sl No.: 0 CT-SG