IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1465 OF 2026 (GM-TEN)

BETWEEN:

M/S SRI BALAJI TRADING CORPORATION A PROPRIETORSHIP CONCERN, DOOR NO.389, 4TH CROSS, A BLOCK, KUVEMPUNAGAR, BELLARY 583102.

REPRESENTED BY ITS SOLE PROPRIETOR SRI C RAGHAVENDRA REDDY S/O LATE C THIMMA REDDY, AGED ABOUT 49 YEARS, …PETITIONER (BY SRI. KEMPE GOWDA.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. RESENTED BY ITS ADDITIONAL SECRETARY, Digitally DEPARTMENT OF ENERGY, signed by VIDHANA SOUDHA, CHAITHRA A DR B R AMBEDKAR VEEDHI Location:

BANGALORE 560001.

HIGH COURT OF KARNATAKA 2. MANAGING DIRECTOR KARNATAKA POWER CORPORATION LIMITED, NO.82, SHAKTHI BHAVAN, RACE COURSE ROAD BANGALORE 560001.

3. THE EXECUTIVE ENGINEER (FUELS)

KARNATAKA POWER CORPORATION LIMITED, BELLARY THERMAL POWER STATION, KUDUTHINI 583115, BELLARY DISTRICT …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 SRI. VIKRAM S HULIGOL, SR. COUNSEL FOR SRI. AJAY J NANDALIKE, ADVOCATE FOR R2 & R3 SRI. V MANJUNATH, ADVOCATE FOR IMPLEADING APPLICANT ON IA 3/2026)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER AT ANNEXURE-A, DATED 05.01.2026 PASSED BY THE RESPONDENT NO.2, BEARING NO.A1L1H(TC AND P)/283, AND ALL FURTHER AND CONSEQUENTIAL PROCEEDINGS THERE ON ISSUE A WRIT OF CERTLORARI, OR ANY OTHER KIND OF WRIT OR ORDER OR DIRECTION, SETTING ASIDE/QUASHING THE E-TENDER NOTIFICATION AT ANNEXURE-C, BEARING NO.KPCL/2025- 26/PS/WORK_INDENT 3861, DATED 12.01.2026 ISSUED BY THE RESPONDENT NO.3 AND ALL FURTHER AND CONSEQUENTIAL PROCEEDINGS THEREON AND ETC.

THIS PETITION, COMING ON FOR DICTATING ORDRES, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed seeking the following reliefs:

"1. Issue a Writ of Certiorari, or any other kind of writ or order or direction, setting aside the Order at Annexure- A, dated 05.01.2026 passed by the Respondent No.2, bearing No.A1L1H (TC&P)/283, and all further and consequential proceedings thereon;

2. Issue a Writ of Certiorari, or any other kind of writ or order or direction, setting aside/quashing the E-Tender Notification at Annexure-C, bearing No.KPCL/2025- 26/PS/WORK_INDENT 3861, dated 12.01.2026 issued by the Respondent No.3 and all further and consequential proceedings thereon;

3. Issue a Writ of Mandamus, or any other kind of writ or order or direction, directing the Respondents to accept the bid submitted by the Petitioner pursuant to the -E-Tender Notification at Annexure-B, No.KPCL/2025- 26/PS/WORK_INDENT 3699 dated 18.11.2025, and award the contract for executing the work i.e., lifting, transporting and disposing of the Mill Reject Waste Coal, at the Bellary Thermal Corporation Limited, Kudithini;

4. Award costs of the proceedings, 5. Grant such other and further reliefs as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity."

2. The petitioner–Company claims to be engaged in the business of purchase and disposal of by-products of coal and asserts expertise in handling coal derivatives including dolochar and similar materials.

3. The respondent No.2 manages Bellary Thermal Power Station (BTPS). The respondents issued an e-tender notification dated 18.11.2025 inviting bids for sale of Mill Reject Waste Coal (MRWC) for a period of two years, fixing a reserve price of Rs.763/- per MT.

4. The petitioner, asserting that it fulfilled the pre-

qualification requirements (PQR), submitted its bid along with two other bidders. However, the petitioner came to be disqualified on the ground that its experience in handling dolochar does not qualify as experience in “waste coal”.

5. Thereafter, by the impugned proceedings dated

05.01.2026, the respondents cancelled the earlier tender and re-floated a fresh tender with substantially modified PQR conditions, in