SHRI SHADIQUE I KHAN S/O INAYAT KHAN ADAM KHAN v. THE CITY MUNICIPAL COUNCIL KARWAR
WP/108066/2025 · 2025-12-03
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84762 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84762 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17203 WP No. 108066 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108066 OF 2025 (GM-TEN) BETWEEN:
SHRI. SHADIQUE I. KHAN S/O. INAYAT KHAN ADAM KHAN, AGE. 36 YEARS, OCC. BUSINESS, SHIVANADAN RESIDENCY, KODIBAG 851 303, KARWAR, UTTARA KANNADA DISTRICT. …PETITIONER (BY SRI. PRAVEEN TARIKAR, ADVOCATE)
AND:
1.
THE CITY MUNICIPAL COUNCIL KARWAR, M.G.ROAD/ COURT ROAD, KARWAR, UTTARA KANNADA DISTRICT, REP BY ITS COMMISSIONER.
2.
VIGHNESHWAR S. SHIRALIKAR S/O. SANTOSH SHIRALIKAR, AGE. 45 YEARS, OCC. NIL, R/O. KEB ROAD, GANDHI NAGAR, KARWAR – 581 301, KARWAR, UTTARA KANNADA DISTRICT. …RESPONDENTS (BY SRI. S.V.YAJI, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT,
ORDER, OR DIRECTION IN NATURE OF CERTIORARI QUASHING THE TENDER NOTIFICATION DATED 18-10-2025 BEARING NO NA.SAKA. KAM.V.MA.HARAJU.VAHI.01.
2025-26 AT ANNEXURE-G ISSUED BY 1 RESPONDENT. B) ISSUE AN APPROPRIATE WRIT,
ORDER, OR DIRECTION IN NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO 1 TO CONSIDER THE REPRESENTATION DATED 23-10-2025 AND 27-10-2025 AT ANNEXURE-H AND K BY ISSUING THE WORK ORDER TO THE
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:17203 WP No. 108066 of 2025
PETITIONER AS SPECIFIED IN THE TENDER NOTIFICATION DATED 30-09-2025 AND ETC.,
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. The petitioner is before this Court seeking the following prayer: a. “Issue an appropriate writ, order, or direction in nature of Certiorari quashing the tender notification dated 18-10-2025 bearing no Na. Saka. Kam. V. Ma. Haraju. Vahi.01. 2025-26 at Annexure-G issued by 1 Respondent.
b. Issue an appropriate writ, order, or direction in nature of Mandamus directing the Respondent no 1 to consider the Representation dated 23-10-2025 and 27-10-2025 at Annexure-H and K by issuing the work
order to the Petitioner as specified in the tender Notification dated 30-09-2025.
c. GRANT such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case including an order of costs in the interest of justice and equity.”
2. The petitioner participated in a tender notified by the respondent No.1 on 30.09.2025 and emerged as the successful bidder. The said tender came to be cancelled, and a fresh tender notification was issued. The petitioner is stated to have participated in the fresh tender process as well. It is the allegation of the petitioner that the fresh tender notification was
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HC-KAR NC: 2025:KHC-D:17203 WP No. 108066 of 2025
issued on the very same day the earlier tender was cancelled, i.e., on 27.10.2025.
3. In light of the cancellation of the earlier tender, the petitioner, who was the successful bidder in that tender, which now stands cancelled, cannot claim that any right of his has been infringed so as to warrant interference by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India.
4. Since the petitioner has participated in the subsequent tender process as well, the petition does not survive for further consideration.
5. The petition stands disposed of. Any interim order granted earlier stands dissolved.
Sd/- (M.NAGAPRASANNA) JUDGE
AC/CT-ASCS List No.: 1 Sl No.: 54