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2026 DAILYLAW 14818 (KAR)

SHRI CHANAGOUDA S/O KADAGOUDA PATIL v. CITY CORPORATION BELAGAVI

WP/100710/2026 · 2026-02-10

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2010 WP No. 100710 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100710 OF 2026 (GM-TEN) BETWEEN: SHRI. CHANAGOUDA S/O. KADAGOUDA PATIL, AGE. 66 YEARS, OCC. EX-SERVICEMEN/BUSINESS, R/O. PLOT NO.2917, NEAR GANESH CIRCLE, RAMTEERTH NAGAR, BELAGAVI-590016. …PETITIONER (BY SRI. S.K. YADAVANNAVAR, ADVOCATE AND SRI. JAGADEESH M.G., ADVOCATE) AND: CITY CORPORATION BELAGAVI, REPRESENTED BY ITS COMMISSIONER, SUBHASH NAGAR, BELAGAVI-590001. …RESPONDENT (BY SRI. CHETAN MUNNOLI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND QUASH THE IMPUGNED DECISION (NOTE) DATED 15.10.2025 AS PER ANNEXURE-A ISSUED BY RESPONDENT TENDER BEARING NUMBER DMA/2024- 25/SE3234/CALL-2. B) PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.18 10:45:02 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2010 WP No. 100710 of 2026 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “a) Issue a writ in the nature of certiorari or any other writ or direction and quash the impugned decision (note) dated 15.10.2025 as per Annexure-A issued by Respondent tender bearing Number DMA/2024- 25/SE3234/CALL-2. b) Pass such other order or orders as this Hon’ble Court deems fit in the facts and circumstances of the case.” 2. The facts of the case are that, the petitioner is providing security and allied services to various agencies and Government offices in the name of Guru Basav Security & Allied Services. The respondent/Corporation on 24.06.2025 had called for the tender for supply of Data Entry Operators, Account Consultant and Junior Programmers on Outsource Contract Basis to attend the office work at City Corporation, Belagavi. The petitioner submitted his financial proposal for selection in the tender process after depositing earnest money of Rs.3,00,000/-. The petitioner’s bid was the lowest among all the bidders. It is the grievance of the petitioner that on 15.10.2025, the respondent/Corporation had cancelled the tender based on note - 3 - HC-KAR NC: 2026:KHC-D:2010 WP No. 100710 of 2026 without assigning the valid and cogent reasons and it is stated that on 17.10.2025 the respondent/Corporation had again called for re-tender. According to the petitioner, the impugned decision note of the respondent is strongly objectionable and against the norms. Further it is the case of the petitioner that, the respondent had rejected the bid of the Libra Management Services Pvt. Ltd. and opened the bid of the petitioner and another person and among the two, the bid of the petitioner was the lowest. The fact also is discarded by the respondent only to benefit the Libra Management Services Pvt.Ltd. It is the grievance of the petitioner that, only to facilitate the Libra Management Services Pvt.Ltd., the tender is cancelled. 3. Learned counsel appearing for the respondent/Corporation submits that, it is a fact that they had issued the tender notification and pursuant thereto, the petitioner and two others had participated and in that, as they have disqualified the Libra Management Services Pvt.Ltd., on the ground that certain documents are not uploaded and after verification, they found that all the documents were uploaded, but as they couldn't find it, they had rejected the tender. - 4 - HC-KAR NC: 2026:KHC-D:2010 WP No. 100710 of 2026 Considering the mistake that is committed by the respondent/Corporation at that point of time, as they could not permit the said Libra Management Services Pvt.Ltd. to continue in the tender process, they had cancelled the tender and floated the second tender notification on 17.10.2025. Learned counsel submits that, the petitioner has come before this Court with suppression of facts. The writ petition is filed on 20.01.2026 and by that time, the petitioner had participated in the second tender and all the three participants have quoted the similar price and as such, now as per the tender conditions, when there is an exigency of this nature, they would select the bidder by way of lottery system. Now they are in the process of that. It is submitted that, the writ petition has to be dismissed on the ground that the petitioner has come up before the Court with suppression of material fact. 4. Having heard the counsels on either side, perused the material on record. First and foremost, in the tender conditions, there is a Clause that without any reasons, the respondent/Corporation is at liberty to cancel the tender. That apart, the argument of the learned counsel appearing for the - 5 - HC-KAR NC: 2026:KHC-D:2010 WP No. 100710 of 2026 respondent that for valid reasons they have called for the second tender. The petitioner having participated in the same and having been short listed, he ought not to have come before this Court by filing the present writ petition and ought not to have suppressed the material fact. In that view of the matter, this Court do not find any reasons to interfere. Hence, this Court is passing the following: ORDER (i) Accordingly, the writ petition is dismissed. (ii) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 19