- 1 - HC-KAR NC: 2026:KHC:31605 WP No. 25289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25289 OF 2025 (GM-TEN) BETWEEN: MAHENDRA LABS PRIVATE LIMTED (A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956) HAVING OFFICE AT NO.371 AND 372, 10TH CROSS, 4TH PHASE, PEENYA INDUSTRIAL AREA, BENGALURU - 560 058. REPRESENTED BY ITS DIRECTOR, MR. MADANRAJ NAHAR. …PETITIONER (BY SRI. VENKATESH S. ARBATTI, ADVOCATE) AND: 1. KARNATAKA STATE MEDICAL SUPPLIES NO. 1, DR. SIDDAIAH PURANIK ROAD, MAGADI ROAD, KHB COLONY, BENGALURU - 560 079. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. PRASHANTH S.H., ADVOCATE FOR R1 SMT. SARITHA KULKARNI, AGA FOR R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31605 WP No. 25289 of 2025 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT BY WAY OF A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION IN THE NATURE OF A WRIT TO THE RESPONDENT NO. 1, TO GRANT FIFTEEN PERCENT PRICE PREFERENCE TO THE PETITIONER IN TERMS OF THE GOVERNMENT ORDER BEARING NO. FD 537 EXP-12/2021 DATED 25.07.2022 VIDE ANNEXURE-G IN RESPECT OF THE PETITIONERS BID IN THE TENDER NOTIFICATION DATED 16.06.2025 BEARING TENDER REFERENCE NO. KSMSCL/DRUGS/TND/PRGM/PM-ABHIM/NAMMA CLINIC (UHWC)/01/2025-26 (IND-0246) (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "a. Direct by way of a Writ of Mandamus or any other appropriate writ or direction in the nature of a writ to the Respondent No.1, to grant fifteen percent price preference to the Petitioner in terms of the Government order bearing No.FD 537 Exp-12/2021 dated 25.07.2022 vide Annexure-G in respect of the Petitioners bid in - 3 - HC-KAR NC: 2026:KHC:31605 WP No. 25289 of 2025 the tender notification dated 16.06.2025 bearing tender reference No: KSMSCL/DRUGS/TND/PRGM/PM-ABHIM/NAMMA CLINIC (UHWC)/01/2025-26 (IND-0246) (Annexure 'A'). b. Direct by way of a Writ of Mandamus or any other appropriate writ or direction in the nature of a writ to the Respondents, to provide the Type of Procurement Entity as "Government Department" in the Tender Information provided in the KPP Portal at Annexure-A1 with reference to the tender notification dated 16.06.2025 bearing tender reference No: KSMSCL/DRUGS/TND/PRGM/PM - ABHIM/ NAMMA CLINIC (UHWC)/01/2025-26 (IND-0246) (Annexure - A). с. Quash by Writ of certiorari or any other appropriate writ or order, the Type of Procurement Entity as "State PSU" in the Tender Information provided in the KPP Portal at Annexure-A1 for the tender notification dated 16.06.2025 bearing tender reference No: KSMSCL/DRUGS/TND/PRGM/PM - ABHIM/NAMMA CLINIC (UHWC)/01/2025-26 (IND-0246) (Annexure 'A'); insofar as Petitioner is concerned. d. Quash by Writ of certiorari or any other appropriate writ or order, the corrigendum dated 04.08.2025 bearing Corrigendum No. 2 (Annexure - A2) issued by the Respondent No.1, with reference to the tender dated 16.06.2025 bearing tender reference No: KSMSCL / DRUGS/TND/PRGM/PM-ABHIM/NAΜΜΑ CLINIC (UHWC)/01/2025-26 (IND-0246) (Annexure 'A'); insofar as Petitioner is concerned. e. Direct by way of a Writ of Mandamus or any other appropriate writ or direction in the nature of a writ to the Respondent No.1, to grant fifteen percent price preference to the Petitioner in terms of the Government order bearing No.FD - 4 - HC-KAR NC: 2026:KHC:31605 WP No. 25289 of 2025 537 Exp-12/2021 dated 25.07.2022 vide Annexure-G in respect of the Petitioners bid in the tender notification dated 17.06.2025 bearing tender reference No: No: KSMSCL/DRUGS/TND/PRGM/UHC - SC AMMC/70 DRUGS /09/2025-26 (IND-0247) (Annexure 'B'). f. Direct by way of a Writ of Mandamus or any other appropriate writ or direction in the nature of a writ to the Respondents, to provide the Type of Procurement Entity as "Government Department" in the Tender Information provided in the KPP Portal at (Annexure Bl') with reference to the tender notification dated 16.06.2025 bearing tender reference No: KSMSCL / DRUGS /TND/PRGM / UHC - SC AMMC/70 DRUGS/09/2025 - 26 (IND - 0247) (Annexure 'B'). g. Quash by Writ of certiorari or any other appropriate writ or order, the Type of Procurement Entity as "State PSU" in the Tender Information provided in the KPP Portal at (Annexure 'B1') for the tender notification dated 17.06.2025 bearing tender reference No: KSMSCL/DRUGS / TND / PRGM / UHC - SC AMMC / 70 DRUGS/09 /2025-26 (IND - 0247) (Annexure 'B'), insofar as Petitioner is concerned. h. Quash by Writ of certiorari or any other appropriate writ or order, the (Annexure B1) corrigendum dated 04.08.2025 bearing Corrigendum No.1 (Annexure-B2) issued by the Respondent No. 1, with reference to the tender dated 17.06.2025 bearing tender reference No: KSMSCL / DRUGS /TND/PRGM/UHC - SC AMMC/70 DRUGS / 09 / 2025 - 26 (IND - 0247) (Annexure 'B') insofar as Petitioner is concerned. i. Award the costs of this petition; and j. Such other and further relief as may be just and necessary in the interest of justice." - 5 - HC-KAR NC: 2026:KHC:31605 WP No. 25289 of 2025 2. A memo dated 24.06.2024 has been filed signed by the counsel for the petitioner, which reads as under: "The Petitioner above named most respectfully prays that this Hon'ble Court may be pleased to permit the Petitioner to withdraw the above petition since the Respondents despite the interim order dated 20.08.2025 of this Hon'ble Court has proceeded to go ahead with the tender process which was subject matter of the above Writ Petition. In view of the same, this Writ Petition has become infructuous and hence the Petitioner seeks leave to withdraw the same with liberty to initiate action in accordance with law, in the interest of justice and equity." 3. Accepting the said memo and submission of the counsel for the petitioner, the petition is dismissed as withdrawn. 4. Reserving liberty to the petitioner to challenge any subsequent actions taken by the respondents. Sd/- (SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 37