- 1 - HC-KAR NC: 2026:KHC:4637 WP No. 39440 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 39440 OF 2025 (GM-TEN) BETWEEN: GAYATRI INDUSTRIES PLOT NO.W-51, 1ST STAGE, WOMEN'S PARK, GAMANGATTI INDUSTRIAL AREA, HUBBALLI-580025 REPRESENTED BY ITS PROPRIETOR SANGEETHA JAYATEERTH KATTI, W/O JAYATEERTH KATTI, AGED ABOUT 43 YEARS, …PETITIONER (BY SRI.RUDRAPPA P, ADVOCATE ) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU- 560001 2. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU-570001 3. THE JOINT DIRECTOR, DEPARTMENT OF SOCIAL WELFARE, DR. BABU JAGAJEEVAN RAM BUILDING, ADI PAMPA ROAD, ONTIKOPPAL EAST Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4637 WP No. 39440 of 2025 EXTENSION, MYSURU-570 001 4. SRI P L PATIL, PROPRIETOR OF POORVA SEEDS, C-122, 9TH CROSS, 2ND GATE, INDUSTRIAL AREA, GOKULA ROAD, HUBBALLI -580 020 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R1 TO R3; SRI.SACHIN C ANGADI, ADVOCATE FOR C/R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE R-2 DTD.28.11.2025 BEARING NO. JN.NI/SA.KA.E/KA.VA.SHI.SA.SAM/SIRIDANYA TENDER /CR 20/2025-2026 PRODUCED AT ANNX-J CONSEQUENTLY QUASH THE ORDER OF THE R-3 DTD. 03.12.2022 BEARING NO. JN.NI/SA.KA.E/ KA.VA.SHI.SA.SAM/SIRIDANYA TENDER/CR 20/2025- 2026 PRODUCED AT ANNX-J1 AND PRAY TO CONSIDER THE PETITIONER TO PURSUANCE OF THE E- PROCUREMENT TENDER 2025-2026 PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:4637 WP No. 39440 of 2025 ORAL ORDER The petitioner has participated in a tender floated by the third respondent for procurement of 'instant idly mix', 'instant dosa mix' and 'instant bajji mix' for six months [subject to school vacation] for residential schools and colleges in Mysuru District and is unsuccessful inasmuch the work order vide Order dated 28.11.2025 is issued to the fourth respondent. The Work Order is categorical in stipulating that the fourth respondent shall ensure supply effective from 01.02.2025 for six months subject to further orders and excluding the period during April and May 2025 when the schools will be closed. Sri Rudrappa P, the learned counsel for the petitioner, submits that this Court must intervene because the second respondent in issuing the impugned order dated 28.11.2025 has overlooked the tender stipulation that preference must be given to - 4 - HC-KAR NC: 2026:KHC:4637 WP No. 39440 of 2025 the previous vendors, and if this condition prevailed, the petitioner should have been issued with the work order. Sri B Ravindranath, a learned Additional Government Advocate, for the first to third respondents, and Sri Sachin C Angadi, the learned counsel who is on caveat for the fourth respondent, are heard. This Court is of the opinion that whether the condition to give preference to the previous vendor has been considered, and if considered, why it is not extended is a matter of factual ascertainment and such ascertainment could be in the appeal remedy that would be available to the petitioner under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999. Therefore, subject to all just exceptions, the petition stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE AN/-