IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 54036 OF 2017 (GM-RES)

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…RESPONDENT (BY SRI. SANTHOSH NARAYAN S, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMUNICATION DATED 26.9.2017 ISSUED BY THE RESPONDENT [ANNEXURE-H] AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this petition, the petitioner is questioning the communication dated 26.09.2017 (Annexure-H) wherein the petitioner has been blacklisted, inter alia, sought for a direction to the respondent to refund the forfeited security deposit/performance security of ₹2,37,456-00.

2. Heard Sri Karan Joseph, learned counsel appearing for the petitioner and Sri Santhosh Narayan S., learned counsel appearing for the respondent.

3. Sri Karan Joseph, learned counsel for the petitioner, invited the attention of the court to the proceedings at Annexure-H dated 26.09.2017, wherein, the petitioner has been blacklisted for a period of 2 years from the date of issuance of the letter at Annexure-H and further while passing an order of blacklisting, there is no specific notice which has been issued against the petitioner with regard to the penal action that may be taken against the petitioner and therefore he further contented that since the 2 years period has lapsed and because of the considerable time passed, he places the judgment of this court in WP.No.20520/2021 dated 18.04.2024 and while inviting the attention of the court to paragraph 11 of the order of the aforementioned judgment, he submitted that the writ petition requires to be allowed by quashing the Annexure-H to the writ petition.

4. Per contra, Sri Santhosh Narayan S., learned counsel appearing for the respondent, invited the attention of the court to the proceedings dated 25.05.2017 at Annexure-R4 to the statement of objections and submitted that the representatives of the petitioner have been heard in the matter. Therefore, countered the submission made by the learned counsel for the petitioner.

5. In the light of the submissions made by the learned counsel appearing for the parties and on careful examination of the impugned communication dated 26.09.2017, wherein the respondent has taken a decision to blacklist/delist the petitioner from participating in any future tenders for a period of 2 years from the date of issuance of the said communication. Undisputably, during the minutes of the meeting as per Annexures-R4 and R5, there is no specific notice that has been issued to the petitioner to take penal action against the petitioner for blacklisting the petitioner with regard to their performance, insofar as the participation in the tender as stated above. On the background of these aspects, it is not in dispute that the impugned order at Annexure-H has been passed on 26.09.2017, blacklisting the petitioner herein for a period of 2 years from participating in further tenders, is violation of principles of natural justice.

6. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner as to paragraph 11 of the judgment of this court in WP.No.20520/2021, wherein this Court at paragraph 11 held as follows:

"11. If the fac