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2026 DAILYLAW 20367 (KAR)

M/S NANDI HOSPITALITY SERVICES PVT LTD v. THE STATE OF KARNATAKA

WP/10808/2025 · 2026-06-08

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27229 WP No. 10808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10808 OF 2025 (GM-TEN) BETWEEN: M/S NANDI HOSPITALITY SERVICES PVT LTD NO. 45, 1 CROSS, 80 FEET ROAD, 1ST FLOOR, OPP INDIAN OIL PETROL BUNK, CHANDRA LAYOUT, BENGALURU, PIN 560072, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND REPRESENTED BY ITS MANAGING DIRECTOR, MR. ASHWINI KUMAR. S/O. B. S. SHETTY, AGED ABOUT 51 YEARS, NO. 45, 1ST CROSS, 80 FEET ROAD, 1ST FLOOR, OPP INDIAN OIL PETROL BUNK, CHANDRA LAYOUT, BENGALURU, PIN 560072, …PETITIONER (BY SRI. VIJAY SHETTY B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE CHIEF TRAFFIC MANAGER(COM) BMTC, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27229 WP No. 10808 of 2025 3. THE DIVISIONAL CONTROLLER, BMTC, WEST ZONE,, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027. …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1; SRI. B.L. SANJEEV., ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND TO SET ASIDE/QUASH THE FRESH NOTICE INVITING TENDER ISSUED BY THE RESPONDENT NO.2 VIDE TENDER REFERENCE NO. (37/2024-25) DATED 25-03-2025, VIDE ANNEXURE-A AND TO BRING THE EARLIER TENDER VIDE REFERENCE NUMBER. 28/2024- 25 DATED 01-01-2025 (LATER MENTIONED THE SAME AS NO. BMTC/2024-25/SE 0648) VIDE ANNEXURE-D,E, AND F TO ITS PROPER LOGICAL CONCLUSION AS PER LAW 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) Call for records. b) To set-aside/quash the fresh Notice Inviting Tender issued by the respondent No.2 vide Tender Reference No. (37/2024-25) dated 25.03.2025, vide Annexure-A and to bring the earlier tender vide Reference Number. 28/2024-25 dated 01.01.2025 (later mentioned the same as No. BMTC/2024-25/SE 0648) vide Annexure-D, E and F to its proper logical conclusion as per law. c) Issue any other writ, order or direction and grant such other further relief’s as this Hon’ble Court deems fit - 3 - HC-KAR NC: 2026:KHC:27229 WP No. 10808 of 2025 and proper under the circumstances of this case, in the interest of justice and equity. 2. Though the Petitioner was the highest bidder, when the matter was taken up for financial consideration, the Respondent came to know of the Petitioner having been disqualified in another proceeding which had not been brought to the notice of the Respondent at the time of submission of the bid, it is taking into account the disqualification of the Petitioner in the other tender that he was held to be disqualified in the present tender, which was one of the conditions of the tender and as such a fresh tender was issued. 3. The said submissions of the respondent are borne out by the records inasmuch as this Court has today dismissed WP No.11609/2025 filed by the Petitioner challenging the cancellation of tender and disqualification of the Petitioner, which was the cause for non-issuance of the Work orders / contract documents to the Petitioner in the present matter. 4. In view of those facts, when the Petitioner was disqualified and did not bring it to the notice of the Respondent, I am of the concerned opinion that the Respondent has rightly rejected the bid submitted by - 4 - HC-KAR NC: 2026:KHC:27229 WP No. 10808 of 2025 the Petitioner and issued a fresh tender. No grounds being made out, the Writ Petition stands dismissed. 5. All interim orders passed in the present matter stand vacated. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 47