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Karnataka High Court
Ram Computers vs The State Of Karnataka on 24 March, 2026
Author: B.M.Shyam Prasad
Bench: B M Shyam Prasad, Shivashankar Amarannavar
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WA No. 100154 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 24TH DAY OF MARCH 2026
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT APPEAL NO.100154 OF 2026 (GM-TEN)
BETWEEN:
RAM COMPUTERS
A PROPRIETORSHIP FIRM,
HAVING ITS OFFICE AT GROUND FLOOR,
CTS NO.281, PLOT NO.12, SHOP NO.5,
SHIV GANESH APARTMENT, KHANAPUR ROAD,
NEAR MAY FLOWER APARTMENT,
TILAKWADI, TQ. AND DIST. BELAGAVI-590006,
REPRESENTED BY ITS SOLE PROPRIETOR
SHRI. ANNASAHEB BHANGARE
S/O. KALLAPPA BANGARE,
AGE. 58 YEARS, OCC. BUSINESS,
R/O. SAMMED BUILDING, PLOT NO.27,
VISHAL CTS NO. 2420, SECOND CROSS,
NINGAPPA NEAR AMRITA VIDYALAYA SCHOOL,
PATTIHAL NITYANAND COLONY, MANDOLI ROAD,
TQ. AND DIST. BELAGAVI-590008.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
... APPELLANT
Location: HIGH COURT
OF KARNATAKA
(BY SRI. GIRISH A.YADAWAD, ADVOCATE)
DHARWAD BENCH
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE, M.S BUILDING,
DR. B.R AMBEDKAR ROAD,
BENGALURU-560001.
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WA No. 100154 of 2026
HC-KAR
2. THE DISTRICT HEALTH AND
FAMILY WELFARE DEPARTMENT,
THE ZILLA PANCHAYAT BELAGAVI,
CHAVAT GALLI, BELAGAVI,
TQ. AND DIST. BELAGAVI-590001.
3. THE DISTRICT HEALTH AND
FAMILY WELFARE OFFICER,
BELAGAVI HEALTH AND
FAMILY WELFARE DEPARTMENT,
JILLA PANCHAYAT BELAGAVI,
CHAVAT GALLI, TQ. AND DIST. BELAGAVI-590001.
... RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, AGA)
THIS WRIT APPEAL IS FILED U/S.4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
MODIFY THE IMPUGNED ORDER DATED 18.03.2026
PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.102525/2026(GM-TEN), BY GRANTING THE INTERIM
ORDER AS PRAYED FOR IN THE SAID WRIT PETITION,
IN THE INTEREST OF JUSTICE AND EQUITY; AND ETC.
THIS WRIT APPEAL COMING ON FOR
PRELIMINARY HEARING THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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WA No. 100154 of 2026
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The appellant [a proprietorship firm] has filed
the petition in Writ Petition No.102525 of 2026
calling in question the Tender Notification dated
09.03.2026 issued by the third respondent inviting
offers for issuance of contract for providing Manpower
Services such as Pharmacists, Lab Technicians and
Staff Nurse. The petitioner has also sought a
mandamus to the third respondent to consider his
representations against certain changes in the Tender
Stipulations from the previous Tender Notification/s.
The writ Court has issued notice to the respondents/
authorities with liberty to file pleadings but without
considering the petitioner's request for interim order.
2. Sri Girish Yadawad, the learned counsel
for the appellant, submits that the appellant's writ
petition will be rendered infructuous if he cannot
submit his bid by 04:00 p.m. today, and the learned
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counsel submits as follows on the grounds on which
the interim order is requested.
[a] The third respondent had issued an
earlier Tender Notification on
12.09.2025 enabling even a
proprietorship firm to participate in
the tender process, but
notwithstanding the requirements of
Section 14 of the Karnataka
Transparency in Public
Procurements Act, 1999 on
communication of the reason to
cancel or abandon the earlier tender
process, the third respondent has
either cancelled or abandoned the
process, the petitioner is not given
any reason for cancelling or
abandoning the earlier process.
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[b] The petitioner is qualified in every
other manner and the third
respondent in restricting the
participation only to a Society or a
Co-operative Society in the
impugned Tender Notification dated
09.03.2026, has restricted
competition violating the principles
of Level Playing Field and Open
Competition.
3. Sri Sharad Magadum, the learned
Additional Government Advocate who is permitted to
take notice for the respondents, is heard for disposal
of the writ appeal with just interim arrangement. The
writ Court will have to decide on the merits of the
third respondent's decision to either cancel or
abandon the earlier tender and the reasons for
changing certain terms in the impugned Tender
Notification, including restricting the participation
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only to a Society or Cooperative society. However, if in
the interregnum the tender process is complete and
work order is issued, there would be third party
interests leading to precipitation and as such there
must be a just and reasonable interim arrangement.
4. This Court is of the view that if the
petitioner is permitted to submit his bid and the third
respondent is directed to receive and evaluate the
same without insisting on the petitioner being a
Society/ Co-operative Society, or furnish PAN
accordingly, subject to further orders of the writ
Court, the balance between mutual interests could be
protected. If the appellant does not offer the lowest
bid it will lose its cause; and if it offers the lowest bid
but the authorities can justify the changes including
the decision to cancel the earlier tender, there could
be just orders. In the light of the afore, the writ
appeal is disposed of permitting the appellant to
submit the bid by 04.00 p.m. online as is now
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permissible; further, in the event of a technical glitch
or difficulty for the appellant, directing the third
respondent to receive the physical documents and
evaluate the same in the light of this Court's
observation but subject to the writ Court's final
decision.
Sd/-
(B.M.SHYAM PRASAD)
JUDGE
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
VNP/CT: VH
List No.: 2 Sl No.: 8
