- 1 - NC: 2025:KHC-D:635 WP No. 107995 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107995 OF 2024 (GM-TEN) BETWEEN: M/S. HIMALAYA ROAD WAYS PARTNERSHIP FIRM REP. BY GPA HOLDER SRI MOHAMMED SANAULLHA S/O. MOHIUDDIN SAB, AGED ABOUT 56 YEARS, NO. 12-12-17/3 ARAB MOHALLA, RAICHUR – 584 101. …PETITIONER (BY SRI CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, BENGALURU – 560 001. 2. THE COMMISSIONER AND DEPARTMENT OF FOOD AND CIVIL SUPPLIES, AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU – 560 008. 3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU – 560 008. 4. THE DEPUTY COMMISSIONER, AND PRESIDENT, TECHNICAL BID EVALUATION COMMITTEE, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:27:15 +0530 - 2 - NC: 2025:KHC-D:635 WP No. 107995 of 2024 KOPPAL DISTRICT – 583 231. 5. THE DEPUTY DIRECTOR, FOOD, CIVIL SUPPLIES AND CONSUMERS AFFAIRS DEPARTMENT, KOPPAL DISTRICT – 583 231. …RESPONDENTS (BY SRI V. S. KALASUMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE226 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE, A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING TECHNICAL BID PROCEEDINGS DATED 22.10.2024 TECHNICAL BID PROCEEDING IN RESPECT OF SHIRAGUPPE TALUK, BELLERY DISTRICT PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE C. ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 1ST RESPONDENTS TO DISPOSED OFF APPEAL IN APPEAL NO. 188/2024 PENDING ON THE FILE OF THE 1ST RESPONDENT FILED BY THE PETITIONER VIDE ANNEXURE E WITHIN THE TIME FRAME. ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CANDIDATURE /BID/TENDER OF THE PETITIONER FIRM IN THE FINANCIAL BID AND ALL OTHER FURTHER PROCEEDINGS IN THE TENDER NOTIFICATION, DATED 23.08.2024 ISSUED BY THE RESPONDENT NO. 2 VIDE ANNEXURE A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:635 WP No. 107995 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “i) Issue, a writ of certiorari or any other writ quashing technical bid proceedings dated 22.10.2024 technical bid proceeding in respect of Shiraguppe Taluk, Bellery District passed by the 2nd respondent vide Annexure C. ii) Issue a writ or order or direction in the nature of Mandamus directing the 1st respondents to disposed off Appeal in Appeal No. 188/2024 pending on the file of the 1st Respondent filed by the Petitioner vide Annexure E within the time frame. iii) Issue a writ or order or direction in the nature of Mandamus directing the respondents to consider the candidature /bid/tender of the petitioner firm in the financial bid and all other further proceedings in the tender notification, dated 23.08.2024 issued by the respondent no. 2 vide Annexure A. iv) Issue any other writ or direction as this hon’ble court may deem fit in the facts and circumstances of the case.” 2. Both the learned counsel for the petitioner and the respondents would in unison submit that identical petitions are disposed by the Bench at Kalaburgi in Writ Petition No.203965/2024. The Coordinate Bench has held as follows: - 4 - NC: 2025:KHC-D:635 WP No. 107995 of 2024 “The petitioner has filed this writ petition seeking for writ in the nature of certiorari to quash the proceedings of the technical bid dated 30.10.2024 in respect of Aland, Chincholi and Jewargi Taluk of Kalaburagi District. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent No.1 to dispose off the statutory appeal filed by it. Similarly, it is also sought for a direction to the respondents to consider the financial bid of the petitioner firm in the tender notification dated 23.08.2024 issued by respondent No.2. 2. The facts in brief are that the petitioner had participated in a tender invited by respondent No.1 for transportation of foodgrains by road from FCI and other storage godowns, unloading and arranging in stack formation at all wholesale godowns in Karnataka State between the years 2024 to 2026. 3. It is the case of the petitioner that the technical bid of the petitioner and others were opened and the petitioner received an email communication dated 27.11.2024 informing him that his technical bid was rejected. The petitioner filed an appeal before the appropriate appellate authority. In the meanwhile, the respondent No.1 without considering the appeal filed by the petitioner is proceeding to open the financial bid. The petitioner is therefore before this Court challenging the proceedings of the opening of the technical bid and for a direction to the respondent No.1 to consider and to dispose off the statutory appeal. - 5 - NC: 2025:KHC-D:635 WP No. 107995 of 2024 4. Learned Additional Government Advocate submitted that the appeal of the petitioner would be considered within a period of two weeks. 5. In view of the aforesaid submission, this writ petition deserves to be disposed off directing the respondent No.1 to dispose off the appeal filed by the petitioner in Appeal No.197/2024 within a period of two weeks from the date of receipt of copy of this order. 6. The opening of the financial bid shall be subject to the out come of the appeal filed by petitioner before the appellate authority.” 3. In light of the aforesaid submission and the issue answered by the Coordinate Bench, the opening of the financial bid shall be subject to the outcome of the appeal filed by the petitioner, if filed by the petitioner before the appellate authority. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 17