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2025 DAILYLAW 87844 (KAR)

SLV ENTERPRISES v. STATE OF KARNATAKA

WP/37458/2025 · 2025-12-11

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53440 WP No. 37458 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37458 OF 2025 (GM-TEN) BETWEEN: 1. SLV ENTERPRISES OFFICE AT NO 42/4, 4TH J CROSS, NEAR MARUTHI SCHOOL, VRUSHBHAVATHI NAGAR, KAMKSHIPALAYA, BASAVESHWARA NAGAR, BENGALURU URBAN - 560 079 REPRESENTED BY ITS PROPRIETOR SRI. SRINIVASAIAH S/O RANGAIAH AGED ABOUT 62 YEARS …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. BANNIKATTI DEEPAK, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARMENT OF FINANCE VIDHAN SOUDHA BENGALURU - 56001 REPRESENTED BY PRINCIPAL SECRETARY 2. D. DEVARAJURS TRUCK TERMINAL (GOVERNMENT OF KARNATAKA UNDERTAKING) REG. OFFICE 3RD FLOOR B BLOCK TTMC SHANTHINAGAR, K.H ROAD, BENGALURU - 560 027 REP. BY MANAGING DIRECTOR 3. ESHWARAPPA PANDURANGA AND CO' Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53440 WP No. 37458 of 2025 PARTNERSHIP FIRM OFFICE AT OLD NO.25 NEW NO 56/3, PIPE LINE MAIN ROAD, MALLESHWARAM, BENGALURU, BENGALURU URBAN, KARNATAKA - 560 003 4. SLN ENTERPRISES OFFICE AT NO.16 2ND FLOOR 16TH GAADI MUDDANNA ROAD 5TH MAIN ROAD, SRI RAMANAGAR KAMAKSHPALYA, BENGALURU KARNATAKA - 560 079 REPRESENTED BY ITS PROPRIETOR SRI G KRISHNAPPA …RESPONDENTS (BY SRI. K.P. YASHODA, AGA FOR R1 SRI. SHARASS CHANDRA R. DODDAMANI, ADVOCATE FOR R2 VIDE ORDER DATED 11.12.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION DATED 26.11.2025 GIVEN BY THE PETITIONER TO THE RESPONDENT NO.2 AND TO DECLARE HIM AS A SUCCESSFUL BIDDER. ANNEXURE A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:53440 WP No. 37458 of 2025 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri. Sharass Chandra R. Doddamani, learned counsel is directed to accept notice for respondent No.2. 3. Notice to respondent Nos.3 and 4 is dispensed with in view of the proposed order to be passed. 4. The petitioner is before this Court seeking for the following reliefs: (a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authority to consider the representation dated 26.11.2025 given by the petitioner to the respondent no 2 and to declare him as a successful bidder. Annexure A. (b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring the petitioner as a successful bidder in the E-Auction dated 03.10.2025 bearing no DDUTTL/E-Auction/BLR YPR- TT/2025-26 for collection of parking fee from the Goods Carriage Vehicles/Trucks at idle Parking area in the premises of D.DevarajUrs Truck Terminal at Industrial suburb 2nd stage, Yashwanthpura Bangalore. Annexure B. (c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring the bid submitted by the respondent no 3 and 4 in the E- Auction dated DDUTTL/E-Auction/BLR YPR-03.10.2025 bearing TT/2025-26 as void in view of not satisfying/complying the terms and condition of the e- auction notification. Annexure B. - 4 - HC-KAR NC: 2025:KHC:53440 WP No. 37458 of 2025 (d) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter. 5. Sri. Bipin Hegde, learned counsel appearing for the petitioner, would submit that insofar as prayers "b" and "c" are concerned, he would not press the matter before this Court and liberty may be granted to the petitioner to challenge the same in terms of the Karnataka Transparency in Public Procurements Act, 1999 (for short, "KTPP Act"). He only insists that prayer "a," as regards the consideration of the representation submitted by the petitioner on 26.11.2025, be considered by this Court. 6. The petitioner being one of the tenderer, in furtherance of the e-auction dated 03.10.2025 has been declared as H3 and respondent Nos.3 and 4 has been declared as H1 and H2, respectively. In respect thereto, the petitioner had submitted a representation on 26.11.2025, which has not been considered by the respondents. 7. A representation having been submitted by the petitioner, it was required for the tender issuing authority, i.e., respondent No. 2, to have considered the same and pass - 5 - HC-KAR NC: 2025:KHC:53440 WP No. 37458 of 2025 necessary orders either by accepting or rejecting the representation. The said representation could not have been kept pending and the matter proceeded with. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A mandamus is issued directing respondent No.2 to consider the representation dated 26.11.2025 at Annexure-A and pass necessary orders thereon within a period of seven days at any rate prior to finalisation of the tender. iii) Insofar as prayer "a" and "b" are concerned, the petitioner is at liberty to file such proceedings as permissible under the KTPP Act. iv) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner under the said representation. SD/- (SURAJ GOVINDARAJ) JUDGE GJM CT-SG List No.: 1 Sl No.: 24