- 1 - HC-KAR CNR: KAHC010750892025 NC: 2026:KHC:53673 WP No. 35087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 35087 OF 2025 (GM-TEN) BETWEEN: 1. PML PESTMAN PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 2013 NO.491, 16TH CROSS, JAKKUR LAYOUT, GKVK POST, BENGALURU, KARNATAKA-560064 REPRESENTED BY ITS MANAGING DIRECTOR PRADEEP GOWDA, S/O. GOVINDA GOWDA S., AGED 45 YEARS, R/AT NO.6, SRINIVASA NILAYA, 3RD MAIN 2ND CROSS, AMRUTH NAGAR A SECTOR, SAHAKARA NAGAR POST, BENGALURU 560 092 …PETITIONER (BY SRI. PRASANNA V R.,ADVOCATE) AND: 1. THE MANAGING DIRECTOR SHIVAMOGGA, DAVANAGERE AND CHITRADURGA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LIMITED MACHENAHALLI, NIDIGE POST, SHIVAMOGGA-577222 REGISTERED UNDER KCS ACT , 1959 - 2 - HC-KAR CNR: KAHC010750892025 NC: 2026:KHC:53673 WP No. 35087 of 2025 2. SHIVAMOGGA, DAVANAGERE AND CHITRADURGA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LIMITED MACHENAHALLI, NIDIGE POST, SHIVAMOGGA-577222 REPRESENTED BY ITS CHAIRMAN REGISTERED UNDER KCS ACT , 1959 3. KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR KMF COMPLEX, DR.M.H.MARIGOWDA ROAD, BANGALORE-560029 REGISTERED UNDER KCS ACT , 1959 4. PESCON PEST CONTROL SERVICES, REP. BY ITS PROPRIETOR, SANTHOSH BUDYAPPA MULIMANI, RASHMI ARCADE, OPP. LAKSHMI THEATRE, JAIL ROAD, SHIVAMOGGA-577 201. …RESPONDENTS (BY SRI. DAYANAND S PATIL.,ADVOCATE FOR R1 TO R3 SRI. SHIVANAND D S, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO CONSIDER THE APPEAL FILED BY THE PETITIONER CHALLENGING THE ACCEPTANCE OF TENDER OF THE R4 BY REJECTING THE TENDER OFFERED BY THE PETITIONER TRUE COPY OF THE ACKNOWLEDGEMENT FOR HAVING FILED THE APPEAL DOWNLOADED FROM THE OFFICIAL WEBSITE OF KARNATAKA E-PROCUREMENT PORTAL IS PRODUCED AT ANNX-A AND A1 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010750892025 NC: 2026:KHC:53673 WP No. 35087 of 2025 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: " (i) Issue a Writ of mandamus, directing the Respondent No.1 and 2 to consider the Appeal filed by the Petitioner challenging the acceptance of Tender of the Respondent No.4 by rejecting the Tender offered by the Petitioner, true copy of the acknowledgement for having filed the appeal, downloaded from the official website of Karnataka e-procurement portal is produced at Annexure-A and A-1 respectively. (ii) Issue any other writ or direction to meet the ends of justice" 2. The factual matrix in a nutshell is that the petitioner preferred an appeal under Section 16 of the Karnataka Conspiracy In Public Procurements Act, 1999, assailing the award of the tender pursuant to the tender Notification dated 14.07.2025. The said appeal is stated to have been filed on 05.10.2025. The acknowledgment for filing the appeal is produced as Annexure A to the writ petition. A copy of the memorandum of appeal is also produced as Annexure A1 to the writ petition. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010750892025 NC: 2026:KHC:53673 WP No. 35087 of 2025 3. Learned counsel for the respondents in furtherance of the contentions put forth in the statement of objection submits that the appeal is to be filed before respondent No.3. However, in the appeal (Annexure A1 to the writ petition), it is mentioned as respondent No.2. 4. It is pertinent to note that the appeal is to be preferred online on the website - ctbs:kppp.karnataka.gov.in/bid/appeal. The petitioner having filed the appeal at the mandated portal as stipulated by the State Government, the said appeal is required to be adjudicated in accordance with law. No doubt, there is some error in the petitioner adequately describing the party. 5. However, having regard to the fact that the appeal is filed by the petitioner in furtherance of a statutory stipulation, the respondent No.3 is directed to consider the appeal filed by the petitioner as is forthcoming from the acknowledgment - Annexure A to Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010750892025 NC: 2026:KHC:53673 WP No. 35087 of 2025 the writ petition, within a period of 4 weeks from the date of receipt of a copy of this order. The Respondent No.3 shall notify the date of hearing of appeal to the petitioner before conducting further proceedings in accordance with law. 6. The writ petition is disposed of in the aforementioned terms. 7. Pending IAs., if any, also stand disposed of. (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 56 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA