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Karnataka High Court
Jawahar Opticians vs The State Of Karnataka on 16 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 200983 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200983 OF 2026 (GM-TEN)
BETWEEN:
JAWAHAR OPTICIANS
A PROPRIETARY FIRM HAVING ITS REGISTERED
OFFICE AT CHURI COMPLE, M.G.ROAD, HAVERI,
DISTRICT-HAVERI-581110,
REPRESENTED BY ITS PROPRIETOR,
MR. MALLIKARJUN S/O BASAPPA KOTUR,
AGED ABOUT 62 YEARS, OCC:BUSINESS,
R/O LAXMI NIWAS, VIDYA NAGAR,
B BLOCK, II CROSS, HAVERI,
DISTRICT-HAVERI-581110.
...PETITIONER
Digitally signed by
SWETA KULKARNI (BY SRI ARAVIND D. UPADHYE, ADVOCATE (THROUGH VC))
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
105, 1ST FLOOR, VIKASSOUDH,
BENGALURU-560001.
2. COMMISSIONERATE,
HEALTH AND FAMILY WELFARE SERVICES,
AROGYA SOUDHA, 1ST FLOOR,
MAGADI ROAD,
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BENGALURU-560023.
3. THE DIRECTOR,
HEALTH AND FAMILY WELFARE SERVICES,
AROGYA SOUDHA, 1ST FLOOR, MAGADI ROAD,
BENGALURU-560023.
4. DISTRICT HEALTH AND FAMILY WELFARE OFFICER,
DEPARTMENT OF DISTRICT HEALTH AND
FAMILY WELFARE SERVICES,
RAICHUR DISTRICT.
RAICHUR-584101.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) DECLARING
THE ACTION OF RESPONDENTS IN UNLAWFULLY AND
ILLEGALLY REJECTING THE TENDER BID OF THE PETITIONER
(BID NO. DHFWS/2025-26/IND1941) ON 31-01-2026 (
ANNEXURE -F) IN RESPECT OF TENDER NO DHFWS/2025-2026
DATED 17-11-2025 FLOATED BY RESPONDENT NO. 4 HEREIN
FOR SUPPLY OF SPECTACLES UNDER FOR SCHOOL CHILDREN
SPECTS - RACIHUR DISTRICT, WITHOUT ASSIGNING ANY
REASONS AS BEING ARBITRARY, ILLEGAL AND
UNCONSTITUTIONAL, APART FROM BEING IN VIOLATION OF
PRINCIPLES OF NATURAL JUSTICE AND IN CONTRAVENTION
OF THE LAW LAID DOWN BY THE HONOURABLE SUPREME
COURT AND SET ASIDE THE SAME AND. B) ISSUE A WRIT IN
THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT ORDER OR DIRECTION, DIRECTING THE RESPONDENTS
TO RE-CONSIDER THE BID OF THE PETITIONER IN
ACCORDANCE WITH LAW. C) PASS ANY OTHER APPROPRIATE
ORDER, WRIT, OR DIRECTION AS THIS HONOURABLE COURT
MAY DEEM FIT UNDER CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 226 of the
Constitution of India is filed seeking for the following reliefs:
(a) Declaring the action of respondents in
unlawfully and illegally rejecting the render/bid of the
petitioner (Bid No.DHFWS/2025-26/IND 1941) on
31.01.2026 (Annexure-F), in respect of tender
No.DHFWS/2025-26 dated 17.11.2025 floated by
Respondent No.4 herein for supply of "spectacles under
for School Children Spects-Raichur district, without
assigning any reasons as being arbitrary, illegal and
unconditional, apart from being in violation of principles
of natural justice and in contravention of the law laid
down by the Hon'ble Supreme Court and set aside the
same and;
(b) Issue a writ in the nature of mandamus or
any other appropriate writ order or direction, directing
the respondents to re-consider the bid of the petitioner
in accordance with law;
(c) Pass any other appropriate order, writ or
direction as this Hon'ble Court may deem fit under the
circumstances of the case, in the interest of justice and
equity.
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2. Heard the learned counsel for the petitioner and the
learned Additional Government Advocate for the respondents.
3. Perusal of the material on record would go to show
that, the petitioner has already filed an appeal as provided
under Section 16 of the Karnataka Transparency in Public
Procurement Act, 1999, before the competent appellate
authority.
4. Learned Additional Government Advocate has
produced certain documents today before this Court and
perusal of the same would go to show that, notice has been
issued to the petitioner to appear before the appellate
authority. Learned Additional Government Advocate submits
that, the petitioner has not been participating in the appeal
proceedings and adjournment is being sought on the ground
that, the writ petition is pending before this Court. It appears
that, since the petitioner had not participated before the
appellate authority, his appeal has been now closed and
accordingly, endorsement is issued on 12.03.2026.
5. Since, the petitioner has already approached the
appellate authority prior to filing of this writ petition, the relief
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sought for by him in this writ petition cannot be granted. If the
appellate authority is directed to consider the appeal on merits
and dispose of the same in accordance with law, ends of justice
would be served.
6. Accordingly, the following:
ORDER
(i) The writ petition is disposed of directing
the appellant authority/Chief Executive Officer of
Zilla Panchayat to consider the appeal filed by the
petitioner invoking Section 16 of the Karnataka
Transparency in Public Procurement Act, 1999,
notwithstanding that the appeal was closed for the
reason that, the petitioner had not appeared before
the appellate authority;
(ii) The order dated 12.03.2026 passed by
the appellate authority disposing of/closing the
appeal filed by the appellant for his non-participation
is formally set aside, so as to enable the appellate
authority to reconsider the appeal of the petitioner;
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(iii) All contentions urged on merits are kept
open.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SVH
List No.: 1 Sl No.: 9
CT:PK
