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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Suma Pradeep Yeli W/o Pradeep Yeli – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. writ appeals challenging prior court order. (Para 1 , 2 , 3 , 4) |
| 2. details of tender process and parties involved. (Para 5 , 6 , 20) |
| 3. validity of tender process and non-joinder of parties. (Para 8 , 14) |
| 4. importance of due process and principles of natural justice. (Para 10 , 15 , 22) |
| 5. final order and directive for fresh hearing. (Para 24 , 25) |
JUDGMENT :
S.G. PANDIT, J.
1. In W.A.No.100741/2025, the appellants – non-parties to the writ petition are before this Court under Section 4 of the Karnataka High Court Act, 1961 (for short, ‘1961 Act’) questioning the order dated 03.11.2025 in W.P.No.105029/2025, whereunder, Annexure-A dated 25.02.2025 inviting e-tenders for disposal of River Thungabhadra Sand Blocks in IV, V and Higher Order Streams/Rivers is quashed.
2. In W.A.No.100751/2025, respondent No.5 before the learned single judge in W.P.No.105029/2025 is before this Court under Section 4 of the 1961 Act, questioning the same order which is under challenge in the above-stated Writ Appeal.
3. In W.A.No.100741/2025, along with the Writ Appeal, I.A.No.1/2025 is filed under Section 151 of the Code of Civil Procedure, 1908 seeking leave to prosecute the appeal. I
Natural justice mandates that necessary parties must be heard before an adverse order is issued, making their non-inclusion in proceedings fatal to the case.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The main legal point established in the judgment is the requirement to specify the tender value in the notification inviting tender, as mandated by Rule 9 of the Karnataka Transparency in Public Proc....
Judicial intervention is required to address malafide conduct in public tender processes, emphasizing fairness, transparency, and adherence to legal guidelines.
The court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
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