IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100213 OF 2025 (GM-TEN)

BETWEEN:

M/S. KAPIL ENTERPRISES, SURRADDI HALLI, JAGALUR TALUK, DAVANAGERE DISTRICT – 577 528, R/BY ITS PROPRIETOR, VEENA G.S., FIRM REGISTERED UNDER VAT/ GST ACT, PROPRIETORSHIP CONCERN.

…PETITIONER (BY SRI. MAHANTESH R. PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, MINORITIES WELFARE, HAJ AND WAQF DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001.

2. THE DIRECTOR, DIRECTORATE OF MINORITIES, MOULANA ABDUL KALAM AZAD BHAVAN, 16C, MILLERS TANK BED ROAD, VASANTH NAGAR, BENGALURU – 560 052.

3. THE DEPUTY COMMISSIONER, STATION ROAD, BSNL COLONY, COWL BAZAR, BALLARI – 583 101.

RAKESH S HARIHAR DRLKD+ oa Ai a0 g crt5 Ki ena t 3 E : ta a 0 iS 2t l oa H 0 y nk 2 : s a S 5 H i g D. H 1 i n gh0 Ae ha. dR 1 rC w8 IbHo y a1 uA d2 rR t :B1 oe7 fn:0c3h 4. M TH IN E O D R I I S T T I R E I S C W T E O L F F F A IC R E E R D , E PARTMENT, MOULANA AZAD BHAVAN, NEAR JD RANGAMANDIRA, BALLARI – 583 101.

5. NATIONAL FEDERATION OF FARMERS PROCUREMENTS PROCESSING AND RETILING COOPERATIVES OF INDIA LTD., BENGALURU REPRESENTED BY VINODKUMAR JHA S/O. RAM NARAYA JHA, AGE: 65 YEARS, OCC: BUSINESS.

…RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1;

SRI. D.M.KULKARNI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 18.07.2023, BEARING NO.MWD 265 MDS 2023, ISSUED BY THE 1^ST RESPONDENT VIDE ANNEXURE-A, INSOFAR AS THE PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED E-PROCUREMENT TENDER NOTIFICATION DATED 12.09.2024, BEARING NO.AAKAEBA/ AA.SAA.TE/CR-10/2024-25 ISSUED BY THE 4^TH RESPONDENT VIDE ANNEXURE-B, INSOFAR AS THE PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO INVITE FRESH TENDER, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this court seeking the following prayer:

1. To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.07.2023, bearing no. MWD 265 MDS 2023, issued by the 1^st respondent vide Annexure-A, insofar as the petitioner is concerned, in the interest of justice and equity.

2. To issue a writ, order or direction in the nature of certiorari quashing the impugned E-procurement tender notification dated 12.09.2024, bearing No.AaKaeBa/Aa.Saa.Te/CR-10/2024-25 issued by the 4^th respondent vide Annexure-B, insofar as the petitioner is concerned, in the interest of justice and equity.

3. To issue a writ, order or direction in the nature of mandamus directing the respondents to invite fresh tender, in the interest of justice and equity.

4. Grant such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case.

2. Owing to the submission of the petitioner, this Court on 15.01.2025 had passed the following order:

Learned counsel Shri B.M. Irishad Ahmed appearing for the petitioner submits that this Court on 27.12.2024 had passed the following:

“Learned Government Advocate is directed to take notice for respondent Nos.1 to 3.

Learned counsel for the petitioner is directed to serve three sets of copies on the learned Government Advocate appearing for respondent Nos.1 to 3.

Learned counsel for the petitioner submitted that in view of Rule 22 of Sub Rule (3) of the Karnataka Transparency in Public Procurements Rules, 2000, the tender notification has lapsed. Inspite of that the respondents are making efforts to award the tender. If the respondents award tender pursuant to that tender notification vid