- 1 - HC-KAR NC: 2025:KHC:47460 WP No. 21856 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 21856 OF 2025 (GM-TEN) BETWEEN: 1. M/S. B. G. BOREWELLS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO. 1-885/78, VENKATESH NAGAR, KALABURAGI-585 102. REPRESENTED BY ITS PROPRIETOR, K. BALAGURU SWAMY, S/O. C. R. KRISHNA MOORTHY, AGED ABOUT 61 YEARS, R/O. NO. 1-885/78, VENKATESH NAGAR, KALABURAGI-585 102. …PETITIONER (BY SRI. BASAVARAJ KAREDDY., ADVOCATE) AND: 1. D DEVARAJ URS BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., REGISTERED UNDER COMPANIES ACT 1956 NO. 16-S, 4TH FLOOR, DEVARAJ URS BHAVAN, MILLERS TANK BUND AREA, VASANT NAGAR, BENGALURU-560 042, BY ITS MANAGING DIRECTOR. 2. BACKWARD CLASS DEVELOPMENT DEPARTMENT VIDHANA SOUDA, BANGALORE-560001 BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY PROF. RAVIVARMA KUMAR, SENIOR COUNSEL ALONG WITH M S DEVARAJU FOR C/R IN CP No.13924/2024; Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47460 WP No. 21856 of 2025 SRI. S H RAGAHAVENDRA, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE TENDER NOTIFICATION OF RESPONDENT DATED 26.06.2025 IN THE FILE NO. DEHINI./TEM/KO.BA/C.R-73/2025 PUBLISHED IN BENGALURU EDITION OF VIJAYA KARNATAKA DAILY NEWSPAPER DATED 26.06.2025 VIDE ANNEXURE-B TO THIS PETITION, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The present writ petition has been filed by the petitioner impugning the Tender Notification dated 26.06.2025 published in Bengaluru Edition of Vijaya Karnataka Daily newspaper dated 26.06.2025 for drilling of 412 borewells in all the Districts and State including in Kalaburagi District under "Ganga Kalyana" scheme for an approximate value of Rs.461.44 lakhs for the said District. 2. The learned counsel for the petitioner has submitted that reservation has been provided under the provisions of the Karnataka Transparency in Public Procurement Act, 1999 (for - 3 - HC-KAR NC: 2025:KHC:47460 WP No. 21856 of 2025 short 'the Act') in tender matters, in favour of backward classes, in all the construction work (Civil work up to Rs.1,00,00,000/-). The said notification issued under the provisions of the Act, has been placed on record as Annexure-R1. 3. The submission of learned counsel for the petitioner is that a whole District has been taken as one unit to invite the bids for drilling 412 borewells in Kalaburagi District, in order to defeat the reservation in favour of the backward class candidates and schedule caste communities. The petitioner is a borewell drilling contractor belonging to Backward Class, resident of the Kalaburagi District. 4. The submission of learned counsel for the petitioner is that instead of District wise tender, the tender should have been Taluka wise, and the tender should not have been invited by the P. Devraj Urs Backward Classes Development Corporation on behalf of other Corporations, which have been mentioned in paragraph No.11 of the statement of objections. The submission in sum and substance is that inviting tender for the whole District - 4 - HC-KAR NC: 2025:KHC:47460 WP No. 21856 of 2025 is a malicious exercise, and therefore, the tender notification should be quashed. 5. On the other hand, Professor Ravi Verma Kumar, learned Senior Counsel appearing for the respondent/Corporation assisted by Sri M.S. Devaraju, learned counsel and Sri. S.H. Raghavendra, learned AGA, submit that the Court cannot substitute its discretion and wisdom in respect of the policy decision, unless the policy decision is mala fide or against the statutory prescription or the fundamental rights guaranteed under part III of the Constitution of India. Whether tender would be invited for whole of the District or Taluka or Block, it is the discretion of the competent authority. There is nothing malicious as contented by the learned counsel for the petitioner in inviting tender for whole of the District for digging 412 bore wells. Several factors are taken into consideration while taking the policy decision for inviting the bids. 6. The petitioner cannot have a fundamental right to seek reservation in every tender matter. The statutory right of backward classes, schedule castes and schedule tribes have - 5 - HC-KAR NC: 2025:KHC:47460 WP No. 21856 of 2025 been confined in respect of the tenders, where the value of the tender is up to Rs.1,00,00,000/-. Where the value of the tender is more than Rs.1,00,00,000/-, no reservation is provided for in such tender notification. 7. It is an administrative convenience and decision of the competent authority to take into account several factors to invite the tender for whole of the District and such discretion or the decision is not in anyway malicious as contented by the learned counsel for the petitioner or against the law. 8. It is further submitted that the notification dated 26.06.2025 has been issued by the Government of Karnataka, Special Gazette, appointing D. Devaraj Urs Backward Classes Development Corporation as nodal agency for inviting the tenders and other works on behalf of other Corporations. The Devaraj Urs Backward Classes Development Corporation being a nodal agency is authorized to call for tenders on behalf of other Corporations mentioned in paragraph 11 of the statement of objection. - 6 - HC-KAR NC: 2025:KHC:47460 WP No. 21856 of 2025 9. I have considered the submissions advanced by learned counsel for the parties. 10. This Court is of the opinion, that some matters better be left to the discretion and wisdom of the administrative authorities and the Court should be loath in interfering with those decisions or discretion, unless the decision is found to be mala fide or in violation of the fundamental rights of a citizen. 11. Whether the tender should be invited for the whole of the District or Taluka wise for drilling the borewells or drilling borewells is the subject matter of an administrative discretion and wisdom of the competent authority. The Court has no expertise and know- how to substitute its discretion and wisdom in such matters. 12. The decision taken by the administrative authority for inviting tender for whole of the District for drilling 412 borewells is one such decision, which does not require an interference by this Court, and this Court is of the view, that there is no malice either of the fact or law in inviting tender for the whole of the District. - 7 - HC-KAR NC: 2025:KHC:47460 WP No. 21856 of 2025 13. The submission of learned counsel for the petitioner is based solely on assumptions. There is no solid backing for his submission that the tender has been invited for the whole of the District to defeat the reservation in favour of the backward classes. 14. In view thereof, there is no merit in this writ petition, which is why it is dismissed. Sd/- (D K SINGH) JUDGE NG List No.: 1 Sl No.: 50