Karnataka High Court
The Karantaka State Ration Food Grain vs The State Of Karnataka on 5 February, 2025
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WA No. 167 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 167 OF 2025 (GM-TEN)
BETWEEN:
1. THE KARANTAKA STATE RATION FOOD GRAIN
WHOLESALE AND RETAIL TRANSPORTATION
CONTRACTORS ASSOCIATION (R)
HAVING ITS OFFICE AT NO.173/A
1ST BLOCK, 7TH CROSS
19TH MAIN, RAJAJINAGAR
BENGALURU - 560 010
REPRESENTED BY ITS DIRECTOR
SRI. MALLIKARJUN C. KOTTALAGI
S/O. CHANDRASHEKAR
AGED ABOUT 48 YEARS
Digitally
signed by 2. M/S. SANGAMESHWAR TRANSPORT
AMBIKA H B REPRESENTED BY ITS PARTNER
Location: SRI. MOULALI G. NAZARI
High Court S/O GOUSEMODDIN
of Karnataka AGED ABOUT 52 YEARS
INDIRA AUTO NAGAR
STATION BACK ROAD
VIJAYAPURA (D) 586 101
3. M/S SRI. BASAVESHWARA TRANSPORT
REPRESENTED BY PROPRIETOR
SMT. UMADEVI
W/O. JAMBANNA
AGED ABOUT 40 YEARS
APMC YARD, 5TH GATE
SINDHANUR ROAD
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WA No. 167 of 2025
MANVI, RAICHUR DISTRICT - 584 123
4. SRI RACHAPPA S. MANNANGI
S/O SHIVARUDRAPPA MANNANGI
AGED ABOUT 87 YEARS
511, NEGLURU ROAD,
GUTTAL, HAVERI (D) 581 108
5. M/S SRI SAGAR TRANSPORT
REPRESENTED BY PROPRIETOR
SRI. LAXMAN S. KAMATE
S/O SATHYAPPA
AGED ABOUT 56 YEARS
No.255, VAIBAV
SHASTRI NAGAR,
BELAGHAVI- 590 001
6. SRI RAVIKUMAR A PATTANASHETTY
S/O. ANDANAPPA
AGED ABOUT 56 YEARS
KARIYAMMA KALLA BADAVNE
GADAG - 582 101
7. SRI. SIDDALINGAPPA A. PATTANASHETTY
S/O. ANANAPPA
AGED ABOUT 56 YEARS
TENGINAKAI BAZAR
BETAGERI, GADAG - 582 102
8. M/S KURLE TRANSPORT CO.
REPRESENTED BY PROPRIETOR
SRI RAJASHEKAR MALLIKARUJN KURLE
S/O. MALLIKARJUNA KURLE
AGED ABOUT 54 YEARS
CST No.1393/E, WARD No.13,
GANAPATHY CHOWK, SHAPET ROAD
VIJAYAPURA, VIJAYAPURA (D) - 586 101
9. M/S. KURLE ROADLINES
REPRESENTED BY PROPRIETOR
SRI MAHESH MALLIKARJUN KURLE
S/O MALLIKARJUN KURLE
AGED ABOUT 52 YEARS
CTS No.1773/B, WARD No.3
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WA No. 167 of 2025
INDIRA AUTO NAGAR,
STATION BACK ROAD
VIJAYAPURA, VIJAYAPURA (D) - 586 101
10. M/S. SELECT LOGISTICS,
REPRESENTED BY PARTNER
SRI SHAHNAWAZ GOUSMUDDIN NAZARIA
S/O. GOUSMUDDIN NAZARIA
AGED ABOUT 54 YEARS
INDIRA AUTO NAGAR
STATION BACK ROAD
VIJAYAPURA - 586 101
11. M/S. G.S. MULAGUND
REPRESENTED BY PROPRIETOR
SRI. GOVINDARAJ MULAGUND
S/O. SHUBASH
AGED ABOUT 49 YEARS
CTS, No.30 WARD No.7
OLD KIRANA MARKET
BAGALKOTE - 587 101
12. M/S N J PATHAN
REPRESENTED BY PARTNER
SRI. R.N. PATHAN
S/O. NAZARMADKHAN
AGED ABOUT 52 YEARS
MARKET ROAD, JUMMA BAZAR
SAVANUR TALUK,
HAVERI (D) - 581 118
13. M/S. S.G. TRANSPORT
REPRESENTED BY PARTNER
SRI HARISH AGARWAL
S/O NEMICHAND AGARWAL
AGED ABOUT 60 YEARS
K K COLONY, JAL NAGAR
VIJAYAPURA
VIJAYAPURA (D) 586 109
14. M/S. SUNNY ROADLINES
REPRESENTED BY PARTNER
SRI SANGAMESH HATTI
S/O MALLIKARJUN HATTI
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WA No. 167 of 2025
AGED ABOUT 38 YEARS
GANDHI-GUNJ, MOTHI BAZAR
BIDAR - 585 403
15. M/S. REVANNA SIDDESHWARA TRANSPORT CO.
REPRESENTED BY PARTNER
SRI RAJKUMAR
S/O MALLIKARJUN ULLE
AGED ABOUT 39 YEARS
HOSPET GALLI, BASAVAKALYAN
BIDAR - 585 327
16. M/S. RENUKA TRANSPORT
REPRESENTED BY PARTNER
SRI SURESH HANAGAL
S/O ESHWARAPPA HANAGAL
AGED ABOUT 72 YEARS
OPP. OLD Z P OFFICE, KOPPAL
KOPPAL - 583 231
...APPELLANTS
(BY SRI M.K. PRUTHVEESH, ADVOCATE FOR
SMT. SARITHA A L, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP: BY ITS PRINCIPAL SECRETARY
FOOD AND CIVIL SUPPLIED DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
2. THE COMMISSIONER
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
CUNNINGHAM RD
BENGALURU
KARNATAKA - 560 058
3. THE JOINT DIRECTOR
O/O THE COMMISSIONER
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
CUNNINGHAM RD
BENGALURU
KARNATAKA - 560 058
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WA No. 167 of 2025
4. THE DEPUTY COMMISSIONER
AND ALSO PRESIDENT
TECHNICAL EVALUATION COMMITTEE
OFFICE OF THE DEPUTY COMMISSIONER
VIJAYPURA
VIJAYAPURA (D) 586 101
...RESPONDENTS
(BY SRI K.S.HARISH, GOVERNMENT ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 30.01.2025 IN WP No. 7878/2025 AND
CONSEQUENTLY AND GRANT AN INTERIM ORDER AS PRAYED
FOR, STAYING THE IMPUGNED E-TENDER NOTIFICATION ISSUED
BY THE ND RESPONDENT AUTHORITY DATED 21.01.2025 VIDE
ANNEXURE-J AND E-TENDER NOTIFICATION ISSUED BY THE 2ND
RESPONDENT AUTHORITY DATED 21.01.2025 VIDE ANNEXURE-K
TO MEET THE ENDS OF JUSTICE ONLY IN RESPECT OF
CONTRACT HEREIN IN SINGLE BIDDER IN THE EARLIER TENDER.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
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WA No. 167 of 2025
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The writ petition is pending before learned Single Judge
wherein the prayer made by the petitioners is to set aside the
E-Tender Notification dated 21.01.2025. In the proceedings of the
writ petition, learned Single Judge passed order dated 24.01.2025
which was at the request of learned Senior Advocate appearing for
the petitioners seeking to implead individual tenderers who are the
members of the petitioner- Association.
2. Thereafter, on 30.01.2025 learned Single Judge passed the
following order,
"A week's time is granted to the respondents
to file statement of objections."
3. Essentially, it is against the aforesaid order dated 30.01.2025
that the appellate jurisdiction of this Court is invoked.
4. It is immediately noticeable that the aforesaid order neither
reflects anything on merits nor decides any lis. It only grants time
to the respondents to file objections. There is no trapping
whatsoever of finality in the order. The writ petition is pending at
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large to be considered on merits for its prayers made as mentioned
above.
5. The only submission which learned advocate Mr. M.K.
Pruthveesh for learned advocate Smt. A.L. Saritha for the
petitioners, urged before the Court was that in the tender process
the date for opening of the financial bid is today and that the third
party rights, if created, would render the petition virtually a fait
accompli.
6. Even the said submission could not be countenanced,
inasmuch as when the Court put a query to learned advocate for
the petitioners as to whether the petitioners approached learned
Single Judge for early and immediate hearing of the matter
including in respect of grant of interim order, in wake of what was
submitted before this Court, namely that the last date of opening of
the financial bid is today, learned advocate for the petitioners had
no answer and he was entirely at his receiving end not able to state
before the Court that the petitioners had made any such attempt to
request learned Single Judge.
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6.1 The petitioners could have requested learned Single Judge
and sought for appropriate order on merits and in accordance with
law even during the pendency and pending the filing of statement
of objections by the other side.
6.2 No case is made out to entertain in any manner the present
writ appeal.
7. However, this Court grants the petitioners at liberty to
approach learned Single Judge and put forward their case
including on the grounds what is submitted before this Court
namely that the financial bid is to be open today and that it is likely
that the third party rights will be created.
7.1 Writ Petition No.1878 of 2025 shall therefore be listed
peremptorily before learned Single Judge tomorrow that is on
06.02.2025. The appellants-petitioners shall be entitled to make
appropriate request before learned Single Judge for taking up the
matter urgently, and may raise all the contentions and prayers to
be considered in accordance with law.
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8. With the above limited observations, the appeal is not
entertained.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
CR
