- 1 - HC-KAR NC: 2025:KHC:37004 WP No. 26547 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26547 OF 2025 (GM-TEN) BETWEEN: BECKHAUL DIGITAL TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATEDX UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT 708, 7TH FLOOR, EVERSHINE TOWER, AMARPALI CIRCLE, VAISHALI NAGAR, JAIPUR, RAJASTHAN 302021. ALSO AT CORPORATE OFFICE, UNIT NO.1010, 10TH FLOOR, TOWER A SPAZE I TECH PARK, SOHNA ROAD, GURUGRAM 122018 HARYANA REPRESENTED HEREIN BY ITS AUTRHOSISED REPRESENTATIVE MR. ANSH GUPTA …PETITIONER (BY SRI. THIMMAIAH M.C. AND SRI. MARUTHI S.H., ADVOCATES FOR SRI. JOSHUA HUDSON SAMUEL, ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37004 WP No. 26547 of 2025 AND: 1. STATE OF KARNATAKA DEPARTMENT OF ENERGY, VIDHANA SOUDHA, BANGALORE 560001. REP BY ITS SECRETARY 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS OFFICE AT KAVERI BHAVAN, K G ROAD, BENGALURU 560009. REPRESENTED HEREIN BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SMT. RAKSHITHA D.J, MS. ADOORYA HARISH, ADVOCATES) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTORARIFIED MANDAMUS QUASHING THE BID ENQUIRY NO. KPTCL/CEE/SLDC/SEE/SCADA/MDF-012/2024- 25(CALL-2) DATED 10.06.2025 LEADING TO THE TENDER BEARING REFERENCE NO. KPTCL/2025- 26/SE2262 DATED 19.07.2025 AS DISCLOSED IN THE KARNATAKA PUBLIC PROCUREMENT PORTAL, VIDE ANNEXURE-A OR IN THE ALTERNATIVEB. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE - 3 - HC-KAR NC: 2025:KHC:37004 WP No. 26547 of 2025 RESPONDENT TO DISPOSE OFF THE APPEAL LODGED VIDE REPRESENTATION DATED 22.08.2025 VIDE ANNEXURE-E, IN RESPECT OF BID ID 86025766. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who has participated in the tender issued by the Karnataka Power Transmission Corporation Limited [the second respondent] for Selection of Agency for Monetization of Dark Fiber and O&M of the Optical Ground Wire (OPGW) Network, has sought for following reliefs: a. quashing the Bid Enquiry No.KPTCL/CEE/SLDC/SEE/SCADA/MD F-012/2024-25 (CALL-2) dated 10.06.2025 leading to the Tender bearing Reference No. KPTCL/2025-26/SE2262 dated 19.07.2025 [ANNEXURE-A]; or in the alternative - 4 - HC-KAR NC: 2025:KHC:37004 WP No. 26547 of 2025 b. for direction to the Respondent to dispose off the petitioner’s appeal lodged vide representation dated 22.08.2025 [ANNEXURE-E]. 2. This Court, on 08.09.2025, has recorded the petitioner's grievance in a nutshell thus, Upon hearing Mr. J. Hudson Samuel, the learned counsel for the petitioner, on the petitioner's essential grievance that its appeal under Section 16 of the Karnataka Transparency in Public Procurement Act, 1999 is rendered ineffective because the reasons for the rejection of the petitioner's bid is not made known, Ms. Rakshitha D. J, a learned standing counsel for the second respondent, is called upon to accept notice. …………… When the petition is listed next on 15.09.2025, accommodation is sought on behalf of the second respondent to place on record the details of the reasons for treating the petitioner’s technical bid non- responsive. - 5 - HC-KAR NC: 2025:KHC:37004 WP No. 26547 of 2025 3. Presently, Mr. K. Shashi Kiran Shetty, the learned Advocate General for the respondents, places on record a copy of the Technical Scrutiny Committee proceedings dated 13.08.2025 in response to the petitioner’s case that the reasons are not furnished and submits that the petitioner’s bid is treated non- responsive because it does not fulfil all pre-qualification criteria. The learned Advocate General submits that the petitioner's appeal is listed on 19.09.2025 at 03.00 p.m. with the appellate authority and it will be open to the petitioner to seek amendment in the light of the reasons assigned and also urge all other grounds that could be, but there will be no occasion for this Court's interference with the appeal pending. 4. This Court finds considerable force in the submission that the petitioner’s grievance about the failure to give reasons for refusal of its bid and the appeal is rendered ineffective is largely answered with - 6 - HC-KAR NC: 2025:KHC:37004 WP No. 26547 of 2025 a copy of the Technical Scrutiny Committee’s proceedings dated 13.08.2025 now being placed on record and a copy thereof being served on the learned counsel for the petitioner. Therefore, the petition stands disposed of with liberty to the petitioner to file application/s in the pending appeal to raise additional grounds confined not just to the merits of the reasons as recorded in the Minutes but also about any procedural irregularity that could be. Sd/- (B M SHYAM PRASAD) JUDGE RB