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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S. INDIRESH
Mp24 Construction Company – Appellant
Versus
State of Karnataka Public Works Department – Respondent
| Table of Content |
|---|
| 1. parties involved and nature of petitions (Para 1 , 2) |
| 2. details of the tender process and issues raised (Para 3 , 4 , 5 , 6 , 9) |
| 3. petitioner's arguments against blacklisting (Para 12 , 13 , 14) |
| 4. respondents' defense of the blacklisting decision (Para 24 , 27) |
| 5. court's deliberation on the merits of the case (Para 32 , 34 , 56 , 58) |
ORDER :
E.S. Indiresh, J.
In these writ petitions, common questions of law and facts are involved, and as such, at the consent of learned counsel appearing for the parties, the writ petitions were clubbed, heard together and disposed of by this Common order.
2. In W.P.No.25668 of 2025, the petitioner is assailing the Government Order dated 13.08.2025 (Annexure-A) passed by the respondent No.1, as illegal and unconstitutional.
3. In W.P.No.22904 of 2025, the petitioner is challenging the proceedings dated 19.07.2025 (Annexure-A) issued by the respondent No.4, inter alia seeks quashing of the letter dated 25.07.2025, (Annexure-T), letter dated 24.07.2025 (Annexure-X1) and letter dated 11.08.2025 (Annexure-AF) and further seeking direction to the respondents Nos.2 and 3 to issue letter of award to the petitioner in pursuance of the Request
An entity is vicariously liable for the fraudulent acts of its employees in tender processes, and blacklisting is a significant action taken in public interest when misconduct is identified.
The judgment emphasizes the limited scope of judicial review in contractual matters and the importance of fair play in the decision-making process. It highlights the freedom of the respondents to awa....
The court affirmed that a bidder's disqualification due to false declarations in tender processes is valid, emphasizing limited judicial review in contractual matters.
Absence of authorisation in experience certificate does not constitute fraudulent practice unless knowingly misrepresented to mislead; courts exercise limited review in tenders, deferring to authorit....
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