Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29495 WP No. 17090 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17090 OF 2026 (GM-TEN) BETWEEN:
M/S. HRS ENTERPRISES (ALSO CARRYING ON BUSINESS IN THE NAME AND STYLE OF H.R.S COOKING CONTRACTORS), A PROPRIETARY CONCERN, GSTIN: 29AVCPH8645RIZP, REPRESENTED BY ITS PROPRIETOR, SRI. HALASWAMY R.C. (R.C. HALASWAMY), AGED ABOUT 45 YEARS, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT SHOP NO. 3511/F, MCC 'B' BLOCK, OPPOSITE DENTAL COLLEGE BOYS' HOSTEL, DAVANAGERE - 577 004. …PETITIONER (BY SRI. KEERTHI PRASAD D.C, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU - 560 001.
2.
THE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICES,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29495 WP No. 17090 of 2026
ANAND RAO CIRCLE, BENGALURU - 560 009.
3.
THE SUPERINTENDENT CHIGATERI DISTRICT HOSPITAL, DAVANAGERE - 577 004.
4.
THE TENDER INVITING AUTHORITY / TENDER ACCEPTING AUTHORITY CHIGATERI DISTRICT HOSPITAL, DAVANAGERE - 577 004. …RESPONDENTS (BY SMT. SARTIHA KULKARNI, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED RE-TENDER NOTIFICATION NO. CGH/GNL(3)/90/2026-27 DATED 20.05.2026 (ANNEXURE-E) ISSUED BY RESPONDENTS 3 AND 4 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 4.
2. Petitioners are before this Court seeking for the following reliefs: a. Issue a Writ of Certiorari or any other appropriate writ,
order or direction quashing the impugned Re-Tender Notification No. CGH/GNL(3)/90/2026-27 dated
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HC-KAR NC: 2026:KHC:29495 WP No. 17090 of 2026
20.05.2026 (Annexure-E) issued by Respondents 3 and 4;
b. Issue a Writ of Mandamus directing the Respondents to adopt a uniform procurement process and to float open public tenders for all catering establishments within the hospital premises alike (including the Janata Canteen and the two Nandini Milk Parlours / Canteens), and to consider and dispose of the Petitioner's representation dated 25.05.2026 (Annexure-J) in accordance with law within a time-bound period;
c. Grant such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances, in the interest of justice and equity.
3. The only grievance of the petitioners is as regards Clause 25 in the re-tendered notification, which prohibits the tenderer from approaching a Court of law.
4. Such a condition cannot be sustained in the eyes of law. Hence, Clause 25 is read down.
5. Petitioner is at liberty to participate in the auction dehors Clause 25. Accordingly, the petition stands disposed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 4