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2025 DAILYLAW 81997 (KAR)

M/S SREE LAKSHMI JANARDANASWAMY ENTERPRISES v. STATE OF KARNATAKA

WP/33880/2025 · 2025-11-12

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46520 WP No. 33880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33880 OF 2025 (GM-TEN) BETWEEN: M/S SREE LAKSHMI JANARDANASWAMY ENTERPRISES, SHOP NO.17 & 18, 1ST FLOOR, R.R.COMPLEX, III CROSS, JAKKUR - AMRUTHAHALLI MAIN ROAD, NAVYANAGAR, BANGALORE 560 064 A PROPRIETORSHIP FIRM REPRESENTED BY ITS PROPRIETOR SR.H.N MANJUNATH …PETITIONER (BY SMT.NIREEKSHA.D.J, ADVOCATE FOR SRI.SHOWRI.H.R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF SERICULTURE AND HORTICULTURE, VIDHANSOUHDA, BENGALURU - 560 001. 2. THE CHIEF SECRETARY DEPARTMENT OF SERICULTURE AND HORTICULTURE, IV FLOOR, GATE NO.3, M.S BUILDING, B.R.AMBEDKAR VEEDHI, BANGALORE - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46520 WP No. 33880 of 2025 3. THE COMMISSIONER FOR SERICULTURE DEVELOPMENT & DIRECTOR OF SERICULTURE DEPARTMENT OF SERICULTURE & HORTICULTURE IV FLOOR, GATE NO.3, M.S BUILDING B.R.AMBEDKAR VEEDHI, BANGALORE 560 001. 4. THE DEPUTY DIRECTOR OF SERICULTURE ZILLA PANCHAYATH, BANGALORE SOUTH DISTRICT B.M ROAD, RAMANAGARA - 562 159 …RESPONDENTS (BY SMT.YASHODHA.K.P, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE E- TENDER NOTIFICATION BEARING NO. DDS/ZPR/ TECH04/ DIS/ 212/2025-26 DATED 15/10/2025 FOR THE YEAR 2025-2026 AT ANNX-A. B) DIRECT THE R4 TO STRUCK DOWN OR MODIFY CLAUSE 2 OF SECTION VII OF THE E-TENDER NOTIFICATION BEARING NO.DDS/ZPR/TECH04/DIS/212/2025-26 DATED 15/10/2025 FOR SUPPLY OF GENERAL DISINFECTANTS, SURFACE DISINTECTANT - CHLORINE BASE - LIQUID FORM, SURFACE DISINFECTANT- PHENNOL BASE LIQUID FORM. HYGINE DISINFECTANTS, BED DISINFECTANTS, UZI PHEROMONE TRAP, MULBERRY SPECIFIC ROOT ROT MANAGEMENT, MULBERRY SPECIFIC MULTI NUTRIENT, GRADE- I BLEACHING POWDER AND SLAKED LIME FOR THE YEAR 2025-2026 IN ORDER TO ENABLE THE MANUFACTURERS / LICENSEE OF THE OTHER STATES THROUGHOUT THE COUNTRY OF INDIA TO PARTICIPATE IN THE TENDER PROCESS SCHEDULED ON 13/11/2025. - 3 - HC-KAR NC: 2025:KHC:46520 WP No. 33880 of 2025 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. The learned AGA accepts notice for Respondent Nos.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other writ and quash the e-Tender notification bearing No.DDS/ZPR/TECH04/ DIS/212/2025-26 dated 15.10.2025 for the year 2025- 2026 at Annexure-A. b. In the alternative issue a writ of mandamus and direct the Respondent No.4 to struck down or modify Clause 2 of Section VII of the E-Tender notification bearing No. DDS/ZPR/TECH04/DIS/212/2025-26 dated 15.10.2025 for supply of disinfectants, surface disinfectant-phenol base-liquid form. Hygiene disinfectants, bed disinfectants, Uzi Pheromone Trap, Mulberry Specific root rot management, Mulberry specific multi nutrient, grade-I bleaching Powder & Slaked Lime for the year 2025-2026 in order to enable the manufacturers/ licensee of the other States throughout the Country of India to participate in the tender process scheduled on 13.11.2025. c. Grant such other order or direction as deemed fit by this Hon'ble Court in the facts and circumstances of the case. - 4 - HC-KAR NC: 2025:KHC:46520 WP No. 33880 of 2025 3. The grievance of the petitioner is that though the petitioner has a certification from the Andhra Pradesh State Sericulture Research and Development Institute, Hindupur, the said certification is not being accepted by the respondents. A perusal of clause 2 of the tender notification indicates that valid licenses has to be from the Karnataka State or Central Silk Board, recognized Sericulture Research Institutes, Andhra Pradesh State Sericulture Research and Development Institute being a recognized Sericulture Research Institute, I am of the considered opinion that the petitioner cannot be deprived from participating in tender notification. 4. In that view of the matter the respondents are directed to permit the petitioner to participate in the said tender notification since the petitioner would have to be permitted to participate in the tender notification. There would be no requirement for - 5 - HC-KAR NC: 2025:KHC:46520 WP No. 33880 of 2025 quashing the tender notification or modify the tender notification as sought for by the petitioner. 5. In that view of the matter, I pass the following: ORDER i) Writ Petition is allowed. ii) The reliefs sought for are moulded. iii) The petitioner having a certificate from the Andhra Pradesh State Sericulture Research and Development Institute, Hindupur is permitted to participate in the tender. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 35