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2024 Supreme(Kar) 667

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
SURAJ GOVINDARAJ, J.
M/s. Shiv Shakthi Dal Industries, Represented By Its Prop. Sri Vishwanath B. Patil, S/o. Basavaraj Patil - Petitioner
Versus
State Of Karnataka, Represented By Its Secretary To Backward Class Welfare Department and Ors. – Respondents
WRIT PETITION NO. 202094 OF 2024 (GM-TEN) C/W WRIT PETITION NO. 201984 OF 2024 (GM-TEN), WRIT PETITION NO. 202199 OF 2024 (GM-TEN), WRIT PETITION NO. 202230 OF 2024 (GM-TEN), WRIT PETITION NO. 202248 OF 2024 (GM-TEN), WRIT PETITION NO. 202263 OF 2024 (GM-TEN), WRIT PETITION NO. 202345 OF 2024 (GM-TEN), WRIT PETITION NO. 202368 OF 2024 (GM-TEN), WRIT PETITION NO. 202390 OF 2024 (GM-TEN).
Decided On : 16-12-2024

Advocates Appeared:
For the Petitioners: Sri. V. Srinivas, Adv., Sri. Ganesh S. Kalburgi., Adv., Sri. R.J. Bhusare., Adv., Smt. Ratna N. Shivayogimath, Adv.
For the Respondents: Sri. Y.H. Vijaykumar., AAG & Smt. Maya T.R., HCGP,

Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.

Headnote:(A) Karnataka Transparency in Public Procurement Act, 1999 - Section 6C - Tender process for food supply to educational institutions - Petitioners challenged the eligibility criteria and conditions of the tender, claiming they were arbitrary and discriminatory against MSMEs - Court held that the changes from taluka to district level and from one to two years were policy decisions aimed at improving quality and monitoring, not arbitrary - No violation of Article 14 or Section 6C found. (Paras 22.1, 23.1, 25.1, 27.2, 28.4)

(B) Judicial Review - Scope and limitations - Courts should exercise restraint in reviewing administrative decisions related to tenders, focusing on legality rather than soundness - Interference is permissible only if decisions are arbitrary, irrational, or mala fide. (Paras 20.1, 20.2, 20.3, 20.4, 20.5)

(C) Public Interest - The court emphasized the need for public interest in tender processes and the importance of fair treatment for all bidders, while allowing the State discretion in setting tender conditions. (Paras 20.6, 20.7, 20.8)

ORDER :

(Suraj Govindaraj, J.)

A. Prayers

1. The Petitioner in W.P.No.202094/2024 is before this Court seeking for the following reliefs:

    i. Issue a writ of certiorari or any other writ of like nature and quash the tender bearing No. BWCD/klb/food/tender/2024-25 dated 05.08.2024 invited by the respondent no.4 vide Annexure F to the writ petition.

    ii. Issue a writ of Mandamus or any other writ of like nature and direct the respondents to call for the fresh tender either taluka wise or not to insist upon financial conditions and,

    iii. Grant any other remedy that this Hon’ble Court deems fit in the facts and circumstances of the case.

2. The Petitioner in W.P.No.201984/2024 is before this Court seeking for the following reliefs:

    a. Issue a writ of Certiorari or any other writ of like nature and quash the tender bearing No. BWCD/E-Tender/Food/CR-2/2024-25 dated 24.07.2024 invited by the respondent No.6 vide Annexure F to the writ petition.

    b. Issue a writ of Certiorari or any other writ of like nature and quash the tender bearing No. BWCDY/Account.Food Tender/CR/2024-25 dated 25.07.2024 invited by the respondent No.5 vide Anenxure-F1 to the writ petition.

    c. Issue writ of Mandamus or any other writ of like nature and direct the respondents to call for a fresh tender either taluka wise or not to insist upon financial conditions and;

    d. Grant any other remedy that this Hon’ble Court deems fit in the facts and circumstances of the case.

3. The Petitioner in W.P.No.202199/2024 is before this Court seeking for the following reliefs:

    a. Quash the impugned E-Procurement tender bearing No. BCWD/E-Tender/Food/Cr-2/2024-25 dated 24.07.2024 so far as clause 2 Sl.No.2 and 3 with regard to production of Average annual turnover & 80% supply of food items in preceding 3 financial years is concerned issued by respondent no.2,the copy of which obtained from the website of respondent no.2 is at Annexure-A

    b. Direct respondent No.2 & 3 representation dated 05.08.2024 submitted by petitioner the copy of which is at Annexure-D

    c. Grant any other order or writ which this Hon’ble Court may deem necessary in the circumstances of the case.

4. The Petitioner in W.P.No.202230/2024 is before this Court seeking for the following reliefs:

    a. Quash the impugned E-Procurement tender notification dated 05.08.2024 so far as clause 2 Sl.No.2 & 3 with regard to production of Average annual turnover & 80% supply of food items in preceding 3 financial years is concerned, issued by respondent no.2, the copy of which obtained from the website of respondent no.2 is at Annexure-A

    b. Direct respondent No.2 & 3 representation dated 12.08.2024 submitted by petitioner the copy of which is at Annexure-D

    c. Grant any other order or writ which this Hon’ble Court may deem necessary in the circumstances of the case.

5. The Petitioner in W.P.No.202248/2024 is before this Court seeking for the following reliefs:

    1. Issue a writ of Certiorari or any other writ of like nature and quash the tender bearing No. BCWD/klb/food/tender/2024-25 dated 05.08.2024 invited by the respondent no.6 vide Annexure-E to the writ petition.

    2. Issue a writ of Certiorari or any other writ of like nature and quash the tender bearing No. BCWD/Account/Food Tender/Cr/2024-25 dated 25.07.2024 invited by the respondent No.7 vide Annexure-E to the writ petition.

    3. Issue a writ of Certiorari or any other writ of like nature and quash the tender dated 01.08.2024 invited by the respondent No.8 vide Annexure-E2 to the writ petition.

    4. Issue writ of Mandamus or any other writ of like nature and direct the respondents to call for a fresh tender either taluka wise or not to insist upon financial conditions and;

    5. Grant any other remedy that this Hon’ble Court deems fit in the facts and circumstances of the case.

6. The Petitioner in W.P.No.202263/2024 is before this Court seeking for the following reliefs:

    a) Issue a writ of Certiorari or any other writ of like nature and quash the tender bearing No. BCWDY/Account.Food Te

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