- 1 - HC-KAR CNR: KAHC010847942025 NC: 2026:KHC:53792 WP No. 38803 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. 38803 OF 2025 (GM-TEN) BETWEEN: M/S KANVALLI ELECTRICALS, A MICRO ENTERPRISE REGISTERED UNDER MSMED ACT, 2006 REP. BY ITS PROPRIETOR, SRI K A SAMIULLA HASHMI, S/O K ATHAULLA, AGED ABOUT 43 YEARS, R/O 1ST MAIN, 12TH CROSS, H S EXTENSION, HARIHAR-577601. …PETITIONER (BY SRI S.V PRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, VIKASA SOUDHA, BENGALURU-560001. 2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K R CIRCLE, BENGALURU-560001. 3. THE DEPUTY GENERAL MANAGER (ELE), OPERATIONS-1, BESCOM, CORPORATE OFFICE, K R CIRCLE, BENGALURU-560001. …RESPONDENTS - 2 - HC-KAR CNR: KAHC010847942025 NC: 2026:KHC:53792 WP No. 38803 of 2025 (BY SRI HARISH A.S, AGA FOR R-1; SRI S SRIRANGA, SENIOR COUNSEL FOR SMT. SUMANA NAGANAND, ADVOCATE FOR R-2 & R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING CLAUSE 16.1(1)(C) AND CLAUSE 17.0 (1), (2) AND (3) OF TENDER ENQUIRY NO. BESCOM/2025-26/SE0393 (ANNEXURE- A), WHICH MANDATES THAT THE BIDDER SHOULD HAVE CARRIED OUT REPAIR OF FAILED DISTRIBUTION TRANSFORMERS OF ATLEAST 372 NOS, IN FIVE PRECEDING FINANCIAL YEARS 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 1. The present petition is filed seeking for the following reliefs: "a) Issue a Writ of Certiorari or any other appropriate writ quashing Clause 16.1(I)(c) and Clause 17.0 (1), (2) & (3) of Tender Enquiry No. BESCOM/2025-26/SE0393 (Annexure-A), which mandates that the bidder should have carried out repair of failed distribution transformers of atleast 372 Nos. in five preceding financial years. b) Issue a Writ of Mandamus directing the Respondents to consider experience gained in other Government Utilities/PSUs as valid for the tender. c) Direct the Respondents to permit technically qualified bidders to compete for multiple centers based on merit. d) To set aside and quash the short-term Tender Notification dated 29.11.2025 bearing Enquiry No. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010847942025 NC: 2026:KHC:53792 WP No. 38803 of 2025 BESCOM/2025-26/SE0393 (Nyamthi Repair Centre) (Annexure-B); e) Pass such other order/s as this Hon'ble Court deems fit in the interest of justice and equity." 2. Learned Senior counsel for respondent Nos.2 and 3 submits that pursuant to the order dated 10.09.2026, the bids were opened and a decision has been taken by the concerned authorities to re-issue a fresh tender with respect to the works that were the subject matter of the tender notification dated 29.11.2025 (Annexure -B to the writ petition) pertaining to Nymathi Taluk, Harihara Division of BESCOM Jurisdiction. 3. In view of the aforementioned, the present writ petition stands disposed of. (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 17 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA