Writ Petition No. 22685 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 22685 OF 2024 (GM-TEN) C/W WRIT PETITION NO. 22432 OF 2024 (GM-TEN) WRIT PETITION NO. 23003 OF 2024 (GM-TEN) WRIT PETITION NO. 23689 OF 2024 (GM-TEN) WRIT PETITION NO. 23843 OF 2024 (GM-TEN) WRIT PETITION NO. 24828 OF 2024 (GM-TEN) WRIT PETITION NO. 25856 OF 2024 (GM-TEN) WRIT PETITION NO. 29134 OF 2024 (GM-TEN) WRIT PETITION NO. 29617 OF 2024 (GM-TEN) WRIT PETITION NO. 30781 OF 2024 (GM-TEN) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA IN WP No. 22685/2024 BETWEEN: M/S. GUNASHRI TRADERS A PROPRIETORSHIP CONCERN, OFFICE AT NO.1, GROUND FLOOR, ASHOKA ROAD, BESIDE NETHAJI SCHOOL, VIDYANAGAR, HASSAN-573201 REPRESENTED BY ITS PROPRIETRIX, SMT.JALAJAKSHI (BY SRI. ABHIJEET S.K. RAI., ADVOCATE) …PETITIONER - 2 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS AND: 1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA, BACKWARD CLASSES WELFARE DEPARTMENT, ROOOM NO.203, 2ND FLOOR, VIKASA SOUDHA, BENGALURU-560001 2. THE COMMISSIONER BACKWARD CLASSES WELFARE DEPARTMENT, NO.16-D, 3RD FLOOR, DEVRAJ URS BHAVAN, MILLERS TANK BED AREA, VASANTHNAGAR, BENGALURU-560001 3. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN-573201 4. THE DISTRICT OFFICER & THE TENDER INVITING AUTHORITY, BACKWARD CLASSES WELFARE DEPARTMENT, HASSAN DISTRICT, DEVRAJ URS BHAVAN, SREE VIDYA GANAPATHI DEVASTANA ROAD, NEAR AKASHVANI, SALAGAME ROAD, HASSAN-573201 …RESPONDENTS
Legal Reasoning
(BY SRI. SHAMANTH NAIK., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT ORDER BEARING NO. BCW499 BMS 2023, BENGALURU DTD 22.01.2024 ISSUED BY THE R-1 I.E. VIDE ANNEXURE-A TO THE WP QUASH THE IMPUGNED GUIDELINES FRAMED THEREUNDER AND GIVEN EFFECT AS PER - 3 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS COMMUNICATION BEARING NO. HIM.VA.KA 499 BMS 2023 DTD 14.02.2024 BY THE R-1, VIDE ANNEXURE-B TO THE WP AND ETC. IN WP NO. 22432/2024 BETWEEN: M/S L V TRADERS A PROPRIETORSHIP FIRM HAVING ITS REGD. OFFICE AT JOSEPH NAGAR, BEHIND CHURCH PROPRIETORSHIP WARD NO.12 SAGAR SHIVAMOGGA 577401 REP BY ITS PRORIETOR SMT KRISHNAVENI W/O B PARASHURAM AGED ABOUT 44 YEARS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) ...PETITIONER AND: 1. THE STATE OF KARNATAKA BACKWARD CLASSES WELFARE DEPARTMENT REP BY ITS PRINCIPAL SECRETARY VIKASA SOUDHA, SAMPANGI RAMA NAGAR BANGALORE 560001 2. DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT SHIVAMOGGA DISTRICT BASAVA CHETHANA NILAYA 100 FEET ROAD RAVINDRA NAGAR SHIVAMOGGA 577201 (BY SRI. SHAMANTH NAIK., HCGP FOR R1 TO R4) ...RESPONDENTS - 4 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE GUIDELINE NO. VI (4 OF THE GOVERNMENT ORDER BEARING NO. HMVAKA/499/BMS/2023 DATED 01/07/2024 ISSUED BY THE R1 AT ANNX-A AND ETC. IN WP NO. 23003/2024 BETWEEN: 1. SRI VEERABHADRESHWARA TRADERS NO 01, SORABA MAIN ROAD, SORABA KARNATAKA - 577429 REP BY ITS PROPRIETOR SRI RAMAPPA DHARMAPPA AGED ABOUT 44 YEARS 2. SRI SAI TRADERS BELURU, POST BELURU SAGARA TALUK, SHIVAMOGGA DISTRICT KARNATAKA - 577401 REP BY ITS PROPRIETRIX SMT ASHWINI AGED ABOUT 38 YEARS 3. CHANAKYA ENTERPRISES GROUND FLOOR D NO 1969/1, CHANAKYA NILAYA S.S. LAYOUT, B BLOCK, NEAR EDU ASIA SCHOOL, DAVANGERE - 577004 REP BY ITS PROPRIETOR SRI SHAMASUNDAR ANANTH RAO GANGOJI AGED ABOUT 39 YEARS 4. M/S L.V. TRADERS BEHIND CHURCH, JOSEPH NAGAR, SAGARA TALUK, SHIVAMOGGA DISTRICT-577401 - 5 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 5. 6. REP BY ITS PROPRIETOR SRIKRISHNA B AGED ABOUT 40 YEARS SRI. BANASHANKARI MAHILA MANDALA H.NO.2798, NEAR K.E.B. SHIVEPET RON, GADAG-582209 REP BY ITS SECRETARY SMT. JYOTI RAVI SANGANABASHETTAR AGED ABOUT 38 YEARS VEERBHADRESWAR AGENCIES NO 18A, AT DYAMNAKOPPA, BELGALPET P O TALUK HANGAL HAVERI DISTRICT - 581194 REP BY ITS PROPRIETOR SRI G V HIREMATH AGED ABOUT 40 YEARS 7. M/S ESSENS EXPORTS NO 52 2 SHOP NO 11, HANUMAN COMPLEX LARY STAND APMC YARD, YESHWANTHPURA BENGALURU - 560022 REP BY ITS PROPRIETOR SRI S N BALAJI, AGED ABOUT 35 YEARS (BY SRI. NATARAJA BALLAL A.,ADVOCATE) ...PETITIONERS AND: 1. STATE OF KARNATAKA DEPARTMENT FOR WELFARE OF BACKWARD CLASSES VIKASA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU - 560001 - 6 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS REP BY ITS SECRETARY 2. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES CHITRADURGA DISTRICT D DEVRAJ URS BHAVAN, STADIUM ROAD, CHITRADURGA TALUK AND DISTRICT- 57 3. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES MYDALA ROAD, BASAVAPATNA, KYATSANDRA, TUMKUR-572104 4. DISRICT OFFICER DEPARTMENT OF WELFARE OF BACKWARD CLASSES, D DEVARJ URS BHAVAN 1ST FLOOR, OPP ETCM HOSPITAL KURUBARPET, KOLAR 563102 5. DISTRICT OFFICER DEPARTMENT OF WELFARE OF BACKWARED CLASSES, DISTRICT OFFICE BACKWARD CLASSES WELFARE DEAPRTMENT ANEGUNDI ROAD, BEJAI - KAPIKAD MANGALURU 575004 6. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES ZILLA ADALITHA BHAVANA B RACHAIAH DOUBLE ROAD, 1ST FLOOR ROOM NO 131 AND 132 CHAMARAJANAGAR 571313 - 7 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 7. DISRICT OFFICER DEPARTMENET FOR WELFARE OF BACKWARD CLASSES JANWADA ROAD, NAVADAGERI BIDAR 585401 8. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES ROOM NO 304, B BLOCK 2ND FLOOR, RAJATAGDRI MANIPAL, UDUPI 574118 9. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASES TARFIAIL 8TH CROSS NEAR DANKIN BAVI GDA LAYOUT AMBIKANAGAR, D DEVARJ URS BHAVAN KALABURGI 585102 10. DISRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES, DISTRICT ADMINISTRAIVE BUILDNG R NO 101, NAVANAGAR BAGALKOT 587103 11. DSITRIC OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES MARUTI NILAYA, 35TH WARD PUNYANADAPURAI NAGAR NEAR ASKHAVANI, HOSPETE VIJAYANAGARA 583201 - 8 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 12. DISRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES KANDADAS BADAVANE, ZP COMPOUND VIJAYAPURA 586109 13. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES ROOM NO 29, ZILLA PANCHAYATH BUILDING K M ROAD, CHIKKAMAGALURU 577101 14. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES MINI VIDHAN SOUDHA DHARWAD 580 001 15. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES DISTRICT ADMINISTRATIVE BUILDING 1ST FLOOR, HOSPET ROAD KOPPAL 583231 16. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES D C OFFICE COMPLEX ROOM O. 46, 2ND FLOOR DAVANAGERE 577006 17. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES DISTRICT OFFICE COMPLEX ROOM NO. 201 TO 206 SIDHARTHANAGARA MYSURU 570 011 - 9 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 18. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWAD CLASSES, 1ST FLOOR GOVERNMENT OFFICES COMPLEX NEAR OLD TAHSILDAR OFFICE MANDYA 571401 19. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES D DEVARAJ URS BHAVAN SHRE VIDYA GANAPTI DEVASTANA ROAD NEAR AKASHAVANI, SALAGAME ROAD HASSAN 573201 20. DISTRICT OFFICER DEPARTMENT FOR WELFARE BACKWARD CLASSES BASAVA CHETHANA NILAYA 100 FT ROAD, RAVINDRA NAGARA SHIVAMOGGA 577201 21. DISTRICT OFFICER DEPARTMENT FOR WELFARE BACKWARD CLASSES, D DEVARAJ URS BHAVAN NEAR JOLADHARASHI, DODDANAGOWDA RANGAMANDIRA, BALLARI 583101 22. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES B BLOCK, ROOM NO. 26 D C OFFICE COMPLEX DEVAGIRI HAVERI 581110 23. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES D C COMPOUND, BELAGAVI 590001 - 10 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 24. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES ROOM NO. 208, HUBLI ROAD JILLADALITH BHAVAN, GADAG 582101 25. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES DISTRICT COMPLEX SB-4, 2ND FLOOR, SHIDLAGHATTA ROAD CHIKKABALALURPA TQ AND DIST 562 101 26. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CALSSES, DISTRICT ADMINISTRATIVE BUILDING SECOND FLORO, ROOM NO. C-4 CHITTAPUR ROAD, YADGIRI 585211 27. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES ROOM NO. 1, D C OFFICE COMPLEX MINI VIDHANA SOUDHA, KARWAR 581301 28. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES ROOM NO. 202, 2ND FLOOR JILLA PANCHAYATH BHAVANA B M ROAD, RAMANGARA 562159 29. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES, ROOM NO. 202, 2ND FLOOR JILLA PANCHAYATH BHAVANA B M ROAD, RAMANAGARA 562 159 - 11 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 30. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES DEVARAJ URS BHAVAN GENERAL THIMMAIAH GROUND NEAR MANZ COMPOUND MADIKERI 571201 31. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES DISTRICT OFFICE 1ST FLOR, PODIUMBLCOK VISVESHWARAIAH TOWER AMBEDKAR VEEDHI BENGLAURU 560 001 32. DISTRICT OFFICER DEPAWRTMENT FOR WELFARE OF BACKWARD CLASSES, ROOM NO. 215, 2ND FLOOR D C OFFIE BIRASANDRA VILLAGE DEVANAHALLI TALUK DBENGALURU RURAL 562110 (BY SRI. SHAMANTH NAIK., HCGP) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ELIGIBILITY CRITERIA NO. 2 SL.NO.2 AND 3 AND 1.1) OF THE TENDER ISSUED BY THE R-2 BEARING NO. BCWD/HOSTEL.FT.CR-20/2024-25 DTD. 25.07.2024 (ANNX- H1) AND ETC. IN WP NO. 23689/2024 BETWEEN: M/S RENUKAMBA TRADERS REPRESENTED BY ITS PROPRIETOR, - 12 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS SHRI PRAMESHWARA H B AGE 58 YEARS, R/AT JENUKALLAMMA NILAYA, KODAGU THIMMAPPA LAYOUT, SAGAR, SHIVAMOGGA DISTRICT - 577 401. FIRM REGISTERED UNDER VAT/GST ACT. (BY SRI. IRISHAD AHMED B M., ADVOCATE) AND: ...PETITIONER 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, BACKWARD CLASSES WELFARE DEPARTMENT, M S BUILDING, BANGALORE - 560 001. 2. THE COMMISSIONER BACKWARD CLASSES WELFARE DEPARTMENT, 3RD FLOOR, DEVARAJ ARASU BHAVAN VASANTHNAGAR, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU- 577 101. 4. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 571 401. 5. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 401. 6. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. - 13 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 7. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, CHIKKAMGALURU - 577 101. 8. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, CHITRADURGA - 571 401 9. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, MANDYA - 571 401 10. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, SHIVAMOGGA - 577 201 (BY SRI. SHAMANTH NAIK., HCGP) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 22.01.2024, BEARING NO.BCW 499 BMS 2023, PASSED BY THE 1 RESPONDENT VIDE ANNEXURE-A, IN SO FAR AS PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO. 23843/2024 BETWEEN: SRI. RANGANATH ENTERPRISES NO. 105/B, 2ND CROSS A BLOCK, APMC YARD, BANDIPALYA, MYSURU-570 025, BY ITS PROPRIETOR- M.K.SHASHIKANTH. (BY SRI. SANGAMESH R B.,ADVOCATE) ...PETITIONER - 14 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS AND: 1. STATE OF KARNATAKA BACKWARD CLASS WELFARE DEPARTMENT, VIKAS SOUDHA, VIDHANA VEEDHI, BENGALURU-01 REP BY ITS PRINCIPAL SECRETARY. 2. DISTRICT OFFICER AND TENDER INVITING AUTHORITY, BACKWARD CLASS WELFARE DEPARTMENT, MYSURU DISTRICT, MYSURU.-570011 3. DISTRICT OFFICER OF TENDER AUTHORITY, BACKWARD CLASS WELFARE DEPARTMENT, KODAGU DISTRICT, KODAGU.-570011 (BY SRI. SHAMANTH NAIK., HCGP) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 RESPECTIVELY TO DELETE CONDITION NO.2 AND 3 IN THE LIABILITY CRITERIA OF IMPUGNED TENDER DOCUMENTS BEARING NO. BCWD.2/AS/FT/CR-06/2024-25 (ANNX-A) AND ALSO IN THE TENDER DOCUMENT BEARING NO. HIMVAKAE/CR-21/2024-25 (ANNX-B) AND ETC. IN WP NO. 24828/2024 BETWEEN: M/S SHREYAS TRADERS REPRESENTED BY ITS PROPRIETOR, SMT SARVAMANGALA H S AGE 38 YEARS, NO 22, 8TH CROSS, RAY SINGH LAYOUT, HOSAKOTE, BENGALURU RURAL DISTRICT 562114 - 15 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS FIRM REGISTERED UNDER VAT/GST ACT (BY SRI. IRSHAD AHMED B M., ADVOCATE) ...PETITIONER AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY BACKWARD CLASSES WELFARE DEPARTMENT, M S BUILDING, BANGALORE 560001 2. THE COMMISSIONER BACKWARD CLASSES WELFARE DEPARTMENT, 3RD FLOOR, DEVARAJ ARASU BHAVAN VASANTHNAGAR, BENGALURU 560001 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K G ROAD, BENGALURU 560009 4. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA VILLAGE, DEVANAHALLI TALUK 562110 5. THE DEPUYT COMMISSIONER CHICKBALLAPUR DISTRICT, CHITRADURGA 562101 6. THE DEPUYT COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE 577006 7. THE DEPUYT COMMISSIONER KOLAR DISTRICT, KOLAR 563101 - 16 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 8. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, VIJAYA NAGARA, RAMANAGARA 562159 9. THE DEPUYT COMMISSIONER RAJATADRI, MANIPAL UDUPI 576104 10. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT VISHWESHWARAIAH TOWER, DR B R AMBEDKAR VEEDHI, BENGALURU 560009 11. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT BEERASANDRA VILLAGE, DEVANAHALLI TALUK 562110 12. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT DISTRICT COMPLEX, SHIDLAGHATTA ROAD CHICKBALLAPURA 562101 13. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT DAVANAGERE 577006 14. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT KOLAR 563103 15. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT RAMANAGARA 562159 - 17 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 16. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT UDUPI 576104 (BY SRI. SHAMANTH NAIK., HCGP) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22/01/2024, BEARING NO. BCW 499 BMS 2023, PASSED BY THE R1 VIDE ANNX-A, IN SO FAR AS PETITIONER IS CONCERNED AND ETC. IN WP NO. 25856/2024 BETWEEN: 1. SUSHEELA TRADERS A PROPRIETORY CONCERN, SUPRABHA NILAYA, UDAYAGIRI CIRCLE, UDAYAGIRI, HASSAN - 573201. BY ITS PROPRIETOR, SRI H.A.BALASUBRAMANYA, AGED 59 YEARS, S/O. LATE H.ANNAPPA. 2. SRI CAUVERY TRADERS, A PROPRIETORY CONCERN, APMC YARD, B.M.ROAD, HASSAN - 573201, REP. BY ITS PROPRIETOR, SRI H.C.LOKESH, AGED 44 YEARS, S/O.LATE CHANDREGOWDA. (BY SRI. RAVISHANKAR A.,ADVOCATE) AND: ...PETITIONERS 1. THE STATE OF KARNATAKA BACKWARD CLASSES WELFARE DEPARTMENT, - 18 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS NO.203, 2ND FLOOR, VIKASA SOUDHA, BENGALURU - 560001. REP. BY ITS PRINCIPAL SECRETARY. 2. BACKWARD CLASSES WELFARE DEPARTMENT, NO.16-D, 3RD FLOOR, DEVRAJ URS BHAVAN, MILLERS TANK BED AREA, VASANTHNAGAR, BENGALURU - 560001. REP. BY ITS COMMISSIONER. 3. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, HASSAN 573201 4. THE DISTRICT OFFICER AND TENDER INVITING AUTHORITY, BACKWARD CLASSES WELFARE DEPARTMENT, HASSAN DISTRICT, SREE VIDYA GANAPATHI DEVASTHANA ROAD, NEAR AKASHAVANI, SALAGAME ROAD, HASSAN 573201. ...RESPONDENTS (BY SRI. SHAMANTH NAIK., HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE COURT BELOW QUASH THE GOVERNMENT ORDER BEARING NO. BCW 499 BMS 2023, BENGALURU DTD 22.01.2024 ISSUED BY THE R-1, VIDE ANNEXURE-A AND QUASH THE GUIDELINES FRAMED AND GIVEN EFFECT TO VIDE COMMUNICATION DTD 14.02.2024 BY THE R-1 BEARING VIDE ANNEXURE-B AND ETC. - 19 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS IN WP NO. 29134/2024 BETWEEN: SRI SAI TRADERS BELURU, POST BELURU, SAGARA TALUK, SHIVAMOGGA DISTRICT, KARNATAKA - 577401 REP BY ITS PROPRIETRIX SMT. ASHWINI AGED ABOUT 40 YEARS (BY SRI. NATARAJA BALLAL., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT FOR WELFARE OF BACKWARD CLASSES, VIKASA SOUDHA DR.AMBEDKAR VEEDHI, BENGALURU - 560001 REP BY ITS SECRETARY ...PETITIONER 2. THE COMMISSIONER DEPARTMENT OF BACKWARD CLASSES WELFARE NO 16-D, 3RD FLOOR, DEVARAJ URS BHAVAN MILLERS TANK BED AREA, VASANTH NAGAR BENGALURU - 560001 3. THE DEPUTY COMMISSIONER AND CHAIRMAN OF TENDER SCRUTINY COMMITTEE CHITRADURGA DISTRICT CHITRADURGA - 577501 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT AND MEMBER, - 20 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS TENDER SCRUTINY COMMITTEE CHITRADURGA DISTRICT CHITRADURGA - 577501 5. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD CLASSES, CHITRADURGA DISTRICT D DEVRAJ URS BHAVAN, STADIUM ROAD, CHITRADURGA TALUK AND DISTRICT – 577501 (BY SRI. SHAMANTH NAIK., HCGP) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT / ORDER DTD. 25.10.2024 (ANNX-F) AND ISSUE A WRIT OF MANDAMUS TO THE R-3 TO 5 TO CONSIDER THE BID OF THE PETITIONER BEARING NO. B5532399 NO. FOR 25.07.2024 BCWD/HOSTEL/FT/CR-20/2024-25 ISSUED BY THE R-5 (ANNX-C) AND ETC. BEARING TENDER DTD. THE IN WP NO. 29617/2024 BETWEEN: 1. M/S CHANKYA ENTERPRISES REP. BY ITS PROPRIETOR M.SHAM SUNDAR, S/O G ANANTHA RAO, AGED ABOUT 50 YEARS, 1961/1, SN LAYOUT, B BLOCK, NEAR EDU ASIA SCHOOL, RING ROAD, DAVANAGERE - 570004 FIRM REGISTERED UNDER VAT / GST ACT - 21 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 2. M/S SRI SAI TRADERS, BELUR BELEYUR POST, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577401 REP. BY ITS PROPRIETOR, SMT. ASHWINI B.N. W/O MRRAJASHEKHAR H B, AGE 39 YEARS, FIRM REGISTERED UNDER VAT /GST ACT 3. M/S VEERABHADRESHWARA TRADERS CHAMARAJPET, NEAR CANARA - SYNDICATE BANK, SORABA, SHIVAMOGGA DISTRICT - 577429 REP. BY ITS PROPRIETOR, MR DHARMAPPA R, S/O SRI RAMAPPA, AGE 44 YEARS FIRM REGISTERED UNDER VAT/ GST ACT 4. M/S L V TRADERS REP. BY ITS PROPRIETOR SMT. KRISHNAVENI, AGED 44 YEARS JOSEPH NAGAR, BEHIND CHURCH SAGAR SHIVAMOGA DISTRICT - 577401 FIRM REGISTERED UNDER VAT / GST ACT ...PETITIONERS (BY SRI. IRSHAD AHMED B M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, BACKWARD CLASSES WELFARE DEPARTMENT, M.S BUILDING, BENGALURU - 560001 2. THE COMMISSIONER BACKWARD CLASSES WELFARE DEPARTMENT, 3RD FLOOR, DEVARAJ ARASU BHAVAN, VASANTHNAGAR BENGALURU - 560001 - 22 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 3. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577101 4. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT CHITRADURGA – 571401 5. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT DAVANAGERE - 577006 6. THE DEPUTY COMMISSIONER, MANDYA DISTRICT MANDYA – 571401 7. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT SHIVAMOGGA – 577201 8. THE DEPUTY OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, CHIKKAMAGALURU - 577101 9. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, CHITRADURGA - 571401 10. THE DISTRICT OFICER BACKWARD CLASSES WELFARE DEPARTMENT, DAVANAGERE - 577006 11. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, MANDYA - 571401 - 23 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 12. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT, SHIVAMOGGA - 577201 (BY SRI. SHAMANTH NAIK., HCGP) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 22.01.2024 BEARING NO. BCW 499 BMS 2023, PASSED BY THE R-1 VIDE ANNX-A IN SO FAR AS PETITIONERS ARE CONCERNED AND QUASH THE IMPUGNED TENDER NOTIFICATION DTD. 25.07.2024 BEARING NO. JIHIMVAKAE/AAHAARATENDER/CR-09/2024- 25 ISSUED BY THE R-8 VIDE ANNX-K IN SO FAR AS PETITIONERS ARE CONCERNED AND ETC. IN WP NO. 30781/2024 BETWEEN: M/S SAJJAN SUPER BAZAR REP BY ITS PARTNER SHRI SUNIL KUAMR V SAJJAN SY NO.D29 SHOP NO.145 146 147 JEWQRGI JEARGI MAIN ROAD KALABURAGI KARANTKA 585310. A FIRM REG. UNDER INDIAN PARTNERSHIP ACT (BY SRI. ASHOKA T., ADVOCATE) AND: ...PETITIONER 1. THE STATE OF KARNATAKA BACKWARD CLASSES WELFARE DEAPRTMENT REP BY ITS PRL. SECREATARY - 24 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS VIKASA SOUDHA SAMPANGIRAMANGARA BENGALRUU 560001. 2. DEPUTY COMMISSIONER DISTRICT OFFICES COMPLEX SHIDLAGHATTA ROAD CHIKKABALLAPURA KARNATAKA-562101 3. CHIEF EXECUTING OFFICER ZILLA PANCHAYAT ZILLA PANCHAYAT BHAVANA SHIDLAGHATTA ROAD CHIKKABALLAPURA KARNATAKA 562101. 4. DISTRICT OFFICER DEPARTMENT FOR WELFARE OF BACKWARD DISTRICT OFFICES COMPLEX SB-4 2ND FLOOR SHIDLAGHATTA ROAD CHIKKABALLAPURA KARNATAKA 562101. (BY SRI. SHAMANTH NAIK., HCGP) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE TENDER RECORDS IN TENDER NOTIFICATION BEARING NO. BCWD/CBPUR/HDFT/CR-16/2024-25 DTD 15.10.2024 FOR SUPPLY OF FOOD MATERIALS TO PRE- METRIC AND POST-METRIC HOSTELS UNDER BACKWARD CLASSES WELFARE DEPARTMENT IN CHIKKABALLAPURA DISTRICT VIDE ANNEXURE-D TO THE WP AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 25 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate submits that the petitioners in all these writ petitions are tenderers, who are aggrieved of certain conditions and the fact that different conditions were sought to be imposed in different districts. 2. In a batch of matters where similar grievances were raised in W.P.No.202094/2024 and connected matters, a Co-ordinate bench of this Court in M/s.SHIV SHAKTHI DAL INDUSTRIES /VS../ STATE OF KARNATAKA AND OTHERS, dismissed all the writ petitions by order dated 16.12.2024. The points which arose for consideration are extracted in paragraph No.18 of the said decision as follows: 1. Can the change from taluka to the district level be said unreasonable? to be Arbitrary and 2. Can the change of period of the Tender - 26 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS from 1 year to 2 years be said to be arbitrary and unreasonable? 3. Whether the change in the methodology of the tender can be said to be manifestly arbitrary? 4. Whether the conditions have been introduced so as to exclude the petitioners and favour any other tenderer, thereby violating Article 14 of the Constitution of India? 5. Whether the tender can be said to be violating Section 6C of the Karnataka Transparency In Public Procurements Act, 1999, on account of the tneder favouring bigger businesses, thereby impinging on the rights of the petitioners who are Micro, Small & Medium Enterprises (MSMEs). 6. Whether the tender is bad for not Providing 15% price preference available for MSME’s Is the tender violative of the Standard 7. Terms of Contract? 8. Whether there is any legal infirmity in the nature of the tender or its process requiring interference at the hands of this Court? 9. What Order? - 27 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS 3. The writ petitioners were dismissed by holding that no grounds have been made out for interference. Learned Additional Government Advocate would further submit that taking note of the said decision several other writ petitions have been dismissed before the Dharward
Decision
Bench. The writ petition are as follows: (1) W.P.No.104998/2024 (2) W.P.No.107675/2024 (3) W.P.No.105160/2024 (4) W.P.No.105215/2024 4. Learned counsel appearing for the petitioners in W.P.No.30981/2024 submits that petitioner is not challenging any condition in the said writ petition. However, a direction was sought to the respondent authorities to consider the bid submitted by the petitioner and interim directions were issued by this Court. 5. Nevertheless, since the prayer made in the writ petition have been answered by the Co-ordinate bench in - 28 - NC: 2025:KHC:3515 WP No. 22685 of 2024 C/W WP No. 22432 of 2024 WP No. 23003 of 2024 AND 7 OTHERS the said decision and the fact that this Court also issued directions to the respondent authorities in W.P.No.202094/2024 and connected matters to consider the bid of the petitioners and as a consequence of dismissal of all the writ petitions, the respondents are bound to proceed to consider the bid in accordance with the tender conditions, in accordance with law, all these writ petitions stand disposed of. Sd/- (R DEVDAS) JUDGE KLY CT: JL