- 1 - HC-KAR CNR: KAHC010648042026 NC: 2026:KHC:51163 WP No. 29444 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29444 OF 2026 (GM-TEN) BETWEEN: SRI SHAMBU CONSTRUCTION A REGISTERED PARTNERSHIP FIRM, REGISTERED OFFICE/AT BOMANHALLI VILLAGE, MUDAGANDUR POST, DUDDA HOBLI, MANDYA- 571 416. REP BY MANAGING PARTNER SRI. B.R.SURESH, S/O SRI. RAMESH, AGE 42 YEARS, REGISTERED UNDER PARTNERSHIP ACT 1932 …PETITIONER (BY SRI. M.V.CHARAN, ADVOCATE FOR SRI. RAVINDRA PRASAD.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, PUBLIC WORK DEPARTMENT, O/AT VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE CHIEF EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORK, BENGALURU-MYSURU ROAD, NEAR SANJAYA CIRCLE, MANDYA DIVISION, MANDYA - 571 401. - 2 - HC-KAR CNR: KAHC010648042026 NC: 2026:KHC:51163 WP No. 29444 of 2026 3. THE EXECUTIVE ENGINEER, KARNATAKA PUBLIC WORKS DEPARTMENT, MANDYA DIVISION, MANDYA - 571 401. …RESPONDENTS (BY SRI.SKANDA RAO, AGA) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE TENDER NOTIFICATION BEARING NO. NO.KA.EM/LHO.E/MUM.V.SA.E-1 AND 3. VIVIDA KAMAGARIGAGI. TENDER PRAKATANE. NO.22/2026-2027 DATED 29-08-2026 VIDE ANNEXURE-B SO FAR CONCERN TO THE SL NO.4. ISSUE A WRIT OF CERTIORARI QUASHING THE CONDITION NO. 3.3 IN THE QUALIFYING REQUIREMENTS OF THE TERMS AND CONDITIONS BEARING INDENT 27/ RD/ WORK_ INDENT 37081 NO. PWD/ 2026 -UNDATED PRODUCED AT ANNEXURE-C. AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking the following reliefs:- a) Issue a writ of certiorari Quashing the Tender Notification bearing No. No.Ka.EM/Lho.E/Mum.V:Sa.E-1 & 3: Vivida Kamagarigagi: Tender Prakatane: No.22/2026- 2027 dated 29-08-2026 vide ANNEXURE-B so far concern to the Sl No.4. b) Issue a Writ of certiorari Quashing the Condition No. 3.3 in the qualifying Requirements of the terms and conditions bearing 27/RD/WORK_INDENT37081, INDENT Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010648042026 NC: 2026:KHC:51163 WP No. 29444 of 2026 No.PWD/2026-undated produced at ANNEXURE- C. c) Direct the 3rd Respondent to consider the representation dated 11-09-2026 given by the Petitioner Firm at ANNEXURE-F. d) Pass such other order or direction, this Hon'ble Court deems fit in the circumstance of the case." 2. The petitioner is aggrieved by the stipulation of the impugned tender dated 29.8.2026, whereunder the tenderer is required to own certain machinery as well as lease/hire certain machinery. The said stipulation is contained in para No.3.3 of the tender which reads as under:- 3.3.Each Tender should further demonstrate; (a):- Availability by owning at least 50% of the required following key and critical equipments for this work. (b) The remaining 50% can be deployed on lease/hire for all works provided, the relevant documents (commitment agreements etc.,) for availability for this work are furnished; Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010648042026 NC: 2026:KHC:51163 WP No. 29444 of 2026 Sl.No. Critical Machineries Own Lease/ Hire/ Own 1 Hot mix plant (40-60 TPH Minimum capacity) 1 - 2 Asphalt Paver finisher 2 1 3 Soil Vibratory Compactor 1 1 4 Asphalt Vibratory Compactor 1 1 5 Tipper/HGV 4 4 6 Excavator 2 1 7 Motor Grader 2 - 8 Vehicle mounted bituminous sprayer 1 1 9 Wet Mix Plant/Pug Mill 1 - 10 Concrete Mixer with hopper 2 1 3. It is the contention of the petitioner that he has given a representation dated 11.09.2026, for relaxation of the said condition, in as much as, where it is stipulated that the tenderer is required to own certain machinery, the said stipulation is sought to be relaxed at least to the extent of the tenderer being able to lease/hire the said machinery. 4. Learned counsel for the petitioner vehemently contends that the requirement of leasing/hiring the machinery would suffice for the purpose of ensuring that the works under the tender are carried out. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010648042026 NC: 2026:KHC:51163 WP No. 29444 of 2026 5. It is forthcoming that the tender in question is for improvements of road works. The tendering authority in its wisdom has stipulated the requirement of the tenderers to own, as well as lease/hire certain machineries which are required to carry out the works as contemplated under the tender in question. The said stipulation would go to the root of the matter, as to the performance of the tenderers in duly executing the tender works. Any relaxation in the same and that too in exercise of the extraordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India, would have an adverse effect on the performance of the tender itself. 6. Having regards to the aforementioned, the writ petition is dismissed as being devoid of merit. (C.M. POONACHA) JUDGE AKV List No.: 1 Sl No.: 33 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA