- 1 - HC-KAR CNR: KAHC010588862026 NC: 2026:KHC:48061 WP No. 26849 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26849 OF 2026 (GM-TEN) BETWEEN: KARNATAKA RAJYA MADIGA GUTTIGEDARARA SANGHA (R) REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, HAVING ITS OFFICE AT NO. 83, WARD NO. 47, DESHAPANDE NAGAR, KENGERI ROAD, BENGALURU 560008 REPRESENTED BY ITS FOUNDER STATE PRESIDENT DR. S. SANGAMESH, …PETITIONER (BY SRI. AJAY N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU – 560001 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BENGALURU 560001 3. THE CHIEF ENGINEER (SOUTH), COMMUNICATION AND BUILDINGS, NRUPATHUNGA ROAD, BENGALURU – 560001 4. THE EXECUTIVE ENGINEER, NO.1 BUILDINGS DIVISION, KPWD, S.G.P. CAMPUS, BENGALURU 560001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010588862026 NC: 2026:KHC:48061 WP No. 26849 of 2026 5. THE EXECUTIVE ENGINEER, NO.2 BUILDINGS DIVISION, KPWD, BENGALURU 6. SUPERINTENDENT OF ENGINEER KPWD BUILDING CIRCLE KR CIRCLE BENGALURU-560001 …RESPONDENTS (BY SRI. PANINI.A.H., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO STRICTLY IMPLEMENT AND COMPLY WITH THE FINANCE DEPARTMENT CIRCULAR NO. FD 702 EXP-12/2023 DATED 15.03.2024 (ANNEXURE- B) IN ALL PRESENT AND FUTURE PROCUREMENTS UNDER THE KTPP ACT, AND IN PARTICULAR TO ENSURE THAT SECTION 4(G) IS NOT INVOKED FOR ROUTINE, ANNUAL, PRE-DETERMINED, BASIC MAINTENANCE, REPAIR, RENOVATION OR IMPROVEMENT WORKS WHERE THE ORDINARY TENDER PROCESS CAN REASONABLY BE FOLLOWED 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. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to strictly implement and comply with the Finance Department Circular No. FD 702 Exp-12/2023 dated 15.03.2024 (Annexure-B) in all present and future procurements under the KTPP Act, and in particular to ensure that Section 4(g) is not invoked for routine, annual, pre-determined, basic - 3 - HC-KAR CNR: KAHC010588862026 NC: 2026:KHC:48061 WP No. 26849 of 2026 maintenance, repair, renovation or improvement works where the ordinary tender process can reasonably be followed; b. Direct the Respondents to maintain contemporaneous records demonstrating compliance with Annexure-B before invoking Section 4(g), including reasons for urgency, necessity, rate justification and reasons for dispensing with tender. c. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including any consequential directions arising from the findings on the sample awards, in the interest of justice. 2. The petitioner contends that there has been a violation of Section 4G of the Karnataka Transparency in Public Procurements Act, 1999 (KTPP Act). The said contention is raised on behalf of the members of the petitioner-Sangha, on the ground that the members of the Sangha intend to participate in the tender process. When it was pointed out to the learned counsel for the petitioner that there is no private lis involving the Sangha in the present matter, the learned counsel for the petitioner seeks permission to convert the present proceedings into a Public Interest Litigation. 3. Liberty is therefore reserved to the petitioner to convert the above matter to a Public Interest Litigation by complying with the requirements of the - 4 - HC-KAR CNR: KAHC010588862026 NC: 2026:KHC:48061 WP No. 26849 of 2026 Karnataka High Court (Public Interest Litigation) Rules, 2018. 4. Once such compliance is made, registry is directed to place the matter before the appropriate Bench. 5. For statistical purposes, the above writ petition is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 15