- 1 - HC-KAR NC: 2025:KHC:53483 WP No. 37959 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37959 OF 2025 (GM-TEN) BETWEEN: M/S MANJUNATHA ENGINEERS A PROPRIETORSHIP CONCERN OFFICE AT NO. 36 AND 37 2ND FLOOR, AIRTEL BUILDING OUTER RING ROAD MARATHAHALLI POST BANGALORE 560 037 REPRESENTED BY ITS PROPRIETOR SRI MANJUNATHA G S/O SRI GOVINDAPPA AGED ABOUT 40 YEARS …PETITIONER (BY SRI. MAHESHWARI D.M.., ADVOCATE) AND: 1. UNION OF INDIA DEPARTMENT OF SPACE MASTER CONTROL FACILITY CONSTRUCTION AND MAINTENANCE GROUP SALAGAME ROAD, PB 66 HASSAN 573201 REPRESENTED BY ITS DIRECTOR 2. THE HEAD CMD DEPARTMENT OF SPACE MASTER CONTROL FACILITY, CONSTRUCTION AND MAINATANANCE GROUP SALAGAME ROAD, PB 66 HASSAN 573201 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53483 WP No. 37959 of 2025 3. THE DIRECTOR DEPARTMENT OF SPACE MASTER CONTROL FACILITY, CONSTRUCTION AND MAINTENANCE GROUP SALAGAME ROAD, PB 66 HASSAN 573201 …RESPONDENTS (BY SRI. H. SHANTIBHUSHAN., DSGI) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION / E-MAIL DATED 05.12.2025 SENT BY THE PETITIONER (ANNX-B) WITH RESPECT THE SPECIAL TENDER CONDITIONS AT SL. NO. 35 PERTAINING TO TENDER DOCUMENT BEARING NIT NO. MCF/CMD/H/ETN-17/2025-2026/1-1291 DATED 10.11.2025 (ANNX- A) AND ETC. THIS WRIT 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 petitioner is before this Court seeking for the following reliefs: a) Direct the Respondents to consider the representation/ e-sent the Petitioner mail dated 05.12.2025 (Annexure - B) with respect to special tender conditions at by Sl. No. 35 pertaining to tender document bearing NIT No. MCF/CMD/H/eTN- 17/2025-2026/1-1291 dated 10.11.2025; Annex-A b) Direct the Respondents to give effect to the Special Condition No. 35 in the light of General rules and direction No. 2 of Schedule 'F' of tender document bearing NIT No. MCF/CMD/H/eTN- - 3 - HC-KAR NC: 2025:KHC:53483 WP No. 37959 of 2025 17/2025-2026/1-1291 10.11.2025; (Annexure - A) dated c) Issue such other writ or order or direction as this Hon'ble Court may deem fit and necessary in the circumstances of the case. 2. The grievance of the petitioner is that without considering the representation of the petitioner, at Annexure-B, the respondents are finalising the tender. 3. Sri.Shanti Bhushan, learned DSGI submits that the writ petition is premature one inasmuch as the petitioner has presumed that the petitioner's bid would not be considered and that the representation which has been submitted would not be so considered. 4. Be that as it may, I am of the considered opinion that before finalising tender, the representation which has been submitted which goes to the root of the technical qualification would have to be considered. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC:53483 WP No. 37959 of 2025 ORDER i) The Writ Petition is allowed. ii) Respondent No.3 is directed to consider the representation of the petitioner at Annexure-B before finalising the tender, if not already considered. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 5 Sl No.: 1