Karnataka High Court
M/S Kumaraswami Rig Service vs Government Of Karnataka on 17 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC:10869
WP No. 3946 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 3946 OF 2025 (GM-RES)
BETWEEN:
M/S. KUMARASWAMI RIG SERVICE,
PROPRIETOR: BASAVARAJ GUMATIMATH,
SON OF PRABHAYYA,
AGED ABOUT 43 YEARS,
R/AT HOSARITTHI,
HAVERI DISTRICT - 581 213.
AND ALSO AT
BASAVA NILAYA 230/B,
HOUSE NO.15. SIDDARUD COLONY,
NETAJI NAGAR, BEHIND G.H. COLLEGE,
HAVERI CITY AND DISTRICT - 581 110.
...PETITIONER
(BY SRI. SHIVAREDDY K.N., ADVOCATE)
Digitally signed
by NAGAVENI
Location: High AND:
Court of
Karnataka
1. GOVERNMENT OF KARNATAKA,
BACKWARD CLASSES WELFARE DEPARTMENT,
BY IT'S THE UNDER SECRETARY
ROOM NO. 133, VIKAS SOUDHA,
BENGALURU - 560 001.
2. THE DEVARAJ URS BACKWARD CLASSES,
DEVELOPMENT CORPORATION,
BY ITS MANAGING DIRECTOR,
NO.16-D, 4TH FLOOR, DEVARAJ URS BHAVAN,
-2-
NC: 2025:KHC:10869
WP No. 3946 of 2025
MILLERS TANK BOUND AREA,
VASANTH NAGAR,
BENGALURU - 560 052.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP FOR R1;
SRI. M.S. DEVARAU, ADVOCATE FOR C/R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
GOVT ORDER NO.HIMVAKA 700 BMS 2023 BENGALURU DATED
26.12.2023 PASSED BY THE R-1 BY BLACKLISTING THE
PETITIONER AND THE PETITIONER FROM PARTICIPATING IN
THE TENDERS OF DRILLING BORE WELL IN GANGA KALYANA
YOJANA BY THE R-1 AS PER ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri. Shivareddy K.N.,
appearing for the petitioner and Sri.Shamanth Naik, the learned
HCGP appearing for respondent No.1, Sri. M.S. Devaraju,
learned counsel appearing for caveator/respondent No.2 and
have perused the material on record.
NC: 2025:KHC:10869
2. The petitioner is before this Court, seeking the
following prayers:
"a) Issue a Writ of Certiorari, or any other Writ or order
or direction as may be deemed expedient in the
circumstances of the case, by quashing the
Government Order No. 700 BMS 2023 Bengaluru
Dated:26.112.2023 passed by the 1st Respondent
by BLACKLISTING the Petitioner and the Petitioner
from participating in the tenders of drilling bore
well in Ganga Kalyana Yojana by the 1st
Respondent as per ANNEXURE - A.
b) Pass such other orders or directions that this
Hon'ble Court deems fit under the circumstances of
the case in the interest of justice and equity."
3. Learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by this Court in W.P.No.22559/2024 disposed on
06.03.2025, wherein it has held as follows:
"The petitioner is before this Court calling in
question an order dated 26-12-2023 by which the
petitioner/contractor is blacklisted and is restrained from
participating in any of the future tenders under the
Ganga kalyana yojana.
2. Heard Sri C Pattabi, learned counsel appearing
for petitioner, Sri Shamanth naik, learned High Court
Government Pleader appearing for respondent No.1 and
Sri M S Devaraju, learned counsel appearing for
respondent No.2.
3. Facts in brief germane are as follows:
It would suffice if the narration would begin from
16-2-2023 when the petitioner enters into an agreement
of empanelment with the respondents to participate in
NC: 2025:KHC:10869
the tenders of drilling borewells, a project under the
Ganga Kalyana scheme. On 26-12-2023, the
respondents said to have blacklisted the firm run by the
petitioner for any participation under the Ganga Kalyana
Yojana.
4. The learned High Court Government Pleader on
instructions and verification of the records would admit
the fact that though 2 or 3 notices were issued to the
petitioner, none of them were issued through registered
post acknowledgement due. However, learned counsel
for the petitioner submits that none of the notices was
ever received by him, therefore the order of blacklisting,
that is passed, is on the face of it, in violation of
principles of natural justice.
5. It is trite law that an order which entails
economic or civil consequences cannot at the outset be
passed without compliance with principles of natural
justice. The admitted fact being no notice was served
upon the petitioner prior to the order of blacklisting, the
order would be rendered unsustainable on the sole score
that it is in blatant violation of principles of natural
justice.
6. In the light of aforesaid reasons, the order
impugned dated 26-12-2023 is required to be read down
as a show cause notice permitting the petitioner to
submit his reply, reserving liberty to the respondents to
act in accordance with law.
7. For the aforesaid reasons, the following:
ORDER
(i) Writ Petition is allowed in part.
(ii) The impugned order dated 26-12-2023 is
read down as a show cause notice.
(iii) The petitioner is permitted 6 weeks time
from today to furnish his reply and the
respondents shall consider the same in
accordance with law and pass necessary
orders within 6 weeks thereafter.
(iv) All other contentions remain open.
(v) Ordered accordingly.
NC: 2025:KHC:10869
Pending applications if any, also stand disposed, as a
consequence."
5. In the light of the order passed by this Court
(supra) and for the reasons aforementioned, the following:
ORDER
(i) Writ Petition is allowed in part.
(ii) The impugned order dated 26-12-2023 is read
down as a show cause notice.
(iii) The petitioner is permitted 6 weeks time from today
to furnish his reply and the respondents shall
consider the same in accordance with law and pass
necessary orders within 6 weeks thereafter.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
CT: BHK
