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2026 DAILYLAW 12137 (KAR)

BKR SERVICES PVT LTD., v. THE STATE OF KARNATAKA

WP/3339/2026 · 2026-03-06

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13874 WP No. 3339 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.3339 OF 2026 (GM-TEN) BETWEEN: BKR SERVICES PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS AUTHORIZED OFFICER SRI CHETHAN KUMAR R S/O RAMACHANDRAPPA AGED ABOUT 36 YEARS OCC BUSINESS, R/O NO.925 3RD MAIN, RAJAJINAGAR 2ND STAGE BENGALURU - 10. …PETITIONER (BY SMT. SUMANGALA GACHCHINAMATH, ADV., FOR SRI GURUDEV I GACHCHINAMATH, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TRIBAL WELFARE DEPARTMENT BENGALURU-1. 2. THE DIRECTOR TRIBAL WELFARE DEPARTMENT RACE COURSE ROAD BENGALURU. 3. THE DISTRICT TRIBAL WELFARE OFFICER TRIBAL WELFARE DEPARTMENT DAVANAGERE, DIST. DAVANAGERE. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13874 WP No. 3339 of 2026 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT AND APPROVING AUTHORITY, DAVANAGERE DIST DAVANAGERE. 5. NIRIKSHITA ENTERPRISESS R/O CHETHANA HOTEL ROAD 7TH MAIN, 7TH CROSS, R.I. EXTENSION DAVANGERE REP. BY ITS AUTHORIZED PERSON SRI VIJAY KUMAR M.B S/O BASAVRAJAPPA AGED ABOUT 40 YEARS. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R-1 TO R-3; SRI MAHESH R UPPIN, ADV., FOR R-4; SRI M.R. HIREMATHAD, ADV., FOR C/R-5) THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF THCE CONSTITUTION OF INDIA PRAYING TO A QUASHING THE IMPUGNED ORDER OF REJECTION OF THE PETITIONERS TECHNICAL BID, REFLECTED IN THE E-PROCUREMENT PORTAL DATED NIL PRODUCED AS ANNEXURE-G, PURPORTEDLY ISSUED BY RESPONDENT NO. 3, AS BEING ILLEGAL, ARBITRARY, AND VIOLATIVE OF THE PRINCIPLES OF NATURAL JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The learned Additional Government Advocate has filed a memo dated 06.03.2026 placing on record certain documents to indicate that the tender process has already - 3 - HC-KAR NC: 2026:KHC:13874 WP No. 3339 of 2026 culminated in the issuance of the work order and that the successful bidder has been entrusted with the execution of the work. On the strength of the said development, it is contended that the relief sought in the present petition has become infructuous. The learned counsel appearing for respondent No.5 has also placed similar documents on record indicating that the work order has already been issued and that the contract has been acted upon. 2. The learned counsel appearing for the petitioner, however, attempted to persuade this Court by contending that the rejection of the petitioner’s bid application is arbitrary and not supported by valid reasons. According to the petitioner, the decision of the tendering authority rejecting the bid application suffers from lack of transparency and therefore calls for interference by this Court. 3. However, having regard to the subsequent developments brought on record, particularly the issuance - 4 - HC-KAR NC: 2026:KHC:13874 WP No. 3339 of 2026 of the work order in favour of the successful bidder, this Court is of the view that the petitioner cannot be permitted to pursue the present writ petition at this stage. Once the tender process has culminated in the issuance of the work order, any grievance relating to the rejection of the bid application has to be examined in the manner provided under the statutory framework governing public procurements. 4. The Karnataka Transparency in Public Procurements Act, 1999 (for short 'the Act, 1999') provides a specific statutory remedy under Section 16 of 'the Act, 1999' enabling an aggrieved bidder to prefer an appeal against the decision of the tender accepting authority. In view of the availability of such an efficacious alternative remedy under the statute, this Court is of the opinion that the petitioner has to seek redressal of his grievances by availing the appellate remedy contemplated under Section 16 of 'the Act, 1999. - 5 - HC-KAR NC: 2026:KHC:13874 WP No. 3339 of 2026 Reserving liberty to the petitioner, the petition stands disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 11