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2026 Supreme(Online)(Kar) 25533

THE HIGH COURT OF KARNATAKA
Lalitha Kanneganty, J
Hombale Revanna – Appellant
Versus
State Of Karnataka – Respondent
WRIT PETITION NO. 108830 OF 2025|WRIT PETITION NO. 110045 OF 2025|WRIT PETITION NO. 110047 OF 2025|WRIT PETITION NO. 110049 OF 2025|WRIT PETITION NO. 110063 OF 2025



Advocates:
For the Appellants/Petitioners: Sunil S.Desai, Mallikarjunswamy B.Hiremath
For the Respondents: T. Hanumareddy, Chandrashekhar R.Hiremath

In tender processes, authorities must strictly adhere to prescribed statutory or administrative timelines. Failure to comply with mandatory timeframes for technical and financial evaluation, without obtaining prior authorized extensions, renders the tender process arbitrary and liable to be set aside by the court.

Headnote:(A) Karnataka Transparency in Public Procurement (KTTP) Act, 1999 - Tender process - Non-adherence to timelines - Procurement circular dated 29.11.2021 prescribes specific timelines for tender evaluation and awarding of contracts - Respondents failed to open financial bids within the stipulated period (on or before the 35th day) without any authorized extension - Laxity in adhering to prescribed timelines renders the process arbitrary, necessitating fresh tender process. (Paras 11, 12, 13)

Facts of the case:
Petitioners challenged a tender notification for sand quarry leases due to the respondents' failure to adhere to the mandatory timelines prescribed by the government circular dated 29.11.2021. Despite the last date for tender receipt being 18.09.2025, the respondents failed to complete the technical and financial evaluations within the prescribed time limits.

Findings of Court:
Court found that the respondents admittedly failed to open financial bids by the stipulated 35th day and failed to provide any written authorization or justification for the delay per the circular's requirements.

Issues: Whether the failure of the respondent authorities to adhere to the timeline prescribed in the government circular for the completion of the tender process renders the notification liable to be set aside.

Ratio Decidendi: Administrative actions in tender processes must strictly adhere to the timelines and procedures notified by the government; failure to do so without valid authorized relaxation constitutes procedural irregularity warranting judicial interference. Result : Writ petitions allowed; tender notification set aside.

Table of Content
1. summary of facts per various writ petitions challenging tender delays. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. contentions raised by parties regarding timeline adherence and judicial review limits. (Para 8 , 9 , 10)
3. court mandated strict compliance with government circular timelines. (Para 11 , 12 , 13)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT OF MANDAMUS DECLARING ALL THE PROCESS OF TENDER IN PURSUANCE OF THE TENDER NOTIFICATION BEARING NO.DMG/SG-VJN/SAND-BLOCK/2025-26/2167 DATED 12-08-2025 VIDE ANNEXURE-A AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF JUSTICE AND EQUITY. 2. ISSUE A DIRECTION TO THE 3RD AND 4TH RESPONDENT TO CALL FOR THE FRESH TENDER FOR SANDY QUARRY LEASE IN TERMS OF KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT (KTTP) ACT, 1999 AND ALLIED RULES AND IN COMPLIANCE OF CIRCULAR DATED 29-11-2021 BEARING NO.FD 685 EXP-12/2021 VIDE ANNEXURE E, IN THE INTEREST OF JUSTICE AND EQUITY. 3. ISSUE ANY OTHER INCIDENTAL RELIEF AS DEEMED FIT AND PROPER BY THIS HON'BLE COURT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

IN WP NO.110045/2025

BETWEEN:

SHIVAKUMAR D. S/O. HANUMANTHAPPA D.,

AGE. 40 YEARS, OCC. CONTRACTOR,

R/O. #110/E 10TH WARD BAPURI ONI,

MARIYAMMANAHALLI BELLARY KARNATAKA-583222.

…PETITIONER

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

R/BY ITS SECRETARY,

DEPARTMENT OF MINES AND GEOLOGY,

M.S. BUILDING, BENGALURU-590001.

2. THE DIRECTOR,

DEPARTMENT OF MINES AND GEOLOGY,

M.S. BUILDING, BENGALURU-560001.

3. THE OFFICE OF SENIOR GEOLOGIST AND

DEPARTMENT OF MINES AND GEOLOGY

VIJAYANAGAR DISTRICT 7TH WARD

(SADASHIVA NAGAR), M.P. PRAKASH NAGAR,

HOSAPET, VIJAYANAGAR DISTRICT-583101.

4. THE DEPUTY COMMISSIONER/

THE PRESIDENT, DISTRICT SAND COMMITTEE,

VIJAYANAGAR DISTRICT, HOSPET-583101.

5. HALESH S/O. RUDRAPPA GALAGANATH,

AGE. 49 YEARS, OCC. BUSINESS,

R/O. HIREBANNIMATTI, TALUK.

HUVINAHADAGALI,

DISTRICT. VIJAYANAGAR-583216.

6. NAGESH RAO S/O. GANESH RAO N.,

AGE. 40 YEARS, OCC. BUSINESS,

R/O. MALLAPUR, POST. MUDOLLALU,

TALUK. BHADRAVATI,

DISTRICT. SHIVAMOGGA-577301.

7. GONEPPA S/O. SHANKRAPPA SINGATALURU,

AGE. 42 YEARS, OCC. BUSINESS,

R/O. KANDAGALLU VILLAGE,

TQ. HUVINAHADAGALI,

DISTRICT. VIJAYANAGAR-583111.

8. RAVI S/O. BASAPPA YALLAJJI,

AGE. 40 YEARS, OCC. BUSINESS,

R/O. KAMBHATRAHALLI, POST. THALAVAGALA,

TQ. HARAPANALLI, DIST. VIJAYANAGAR-583137.

…RESPONDENTS

(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4;

SRI. CHANDRASHEKHAR R.HIREMATH, ADVOCATE FOR R5 TO R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT OF MANDAMUS DECLARING ALL THE PROCESS OF TENDER IN PURSUANCE OF THE TENDER NOTIFICATION DATED 12.08.2025 VIDE ANNEXURE-A AFTER EXPIRY OF VALIDITY PERIOD AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A DIRECTION TO THE 3RD AND 4TH RESPONDENT TO CALL FOR THE FRESH TENDER FOR SAND QUARRY LEASE IN TERMS OF KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT ACT 1999 AND ALLIED RULES, IN THE INTEREST OF JUSTICE AND EQUITY. C) ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.

IN WP NO.110047/2025

BETWEEN:

S OBAPPA S/O. BORAPPA,

AGE. 52 YEARS, OCC. CONTRACTOR,

R/O. OBALAPURA HALAVADARA

CHITRADURGA KARNATAKA-577541.

…PETITIONER

(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

R/BY ITS SECRETARY,

DEPARTMENT OF MINES AND GEOLOGY,

M.S. BUILDING, BENGALURU-590001.

2. THE DIRECTOR,

DEPARTMENT OF MINES AND GEOLOGY,

M.S. BUILDING, BENGALURU-560001.

3. THE OFFICE OF SENIOR GEOLOGIST

AND DEPARTMENT OF MINES AND

GEOLOGY VIJAYANAGAR DISTRICT

7TH WARD (SADASHIVA NAGAR),

M.P. PRAKASH NAGAR, HOSAPET

VIJAYANAGAR DISTRICT-583101.

4. THE DEPUTY COMMISSIONER/

THE PRESIDENT

DISTRICT SAND COMMITTEE,

VIJAYANAGAR DISTRICT,

HOSPET-583101.

5. HALESH S/O. RUDRAPPA GALAGANATH,

AGE. 49 YEARS, OCC. BUSINESS,

R/O. HIREBANNIMA

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