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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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NC: 2026:KHC-D:4513-DB
WA No. 100155 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.100155 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,
VISHAL R/O. SAMMED BUILDING, PLOT NO.27,
NINGAPPA
PATTIHAL CTS NO.2420 SECOND CROSS,
Digitally signed by
NEAR AMRITA VIDYALAYA SCHOOL,
VISHAL NINGAPPA
PATTIHAL NITYANAND COLONY, MANDOLI ROAD,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
TQ. AND DIST. BELAGAVI-590008.
...APPELLANT
(BY SRI. GIRISH A.YADAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND
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WA No. 100155 of 2026
HC-KAR
FAMILY WELFARE, M.S.BUILDING,
DR. B.R.AMBEDKAR ROAD,
BENGALURU-560001.
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.102516/2026(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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NC: 2026:KHC-D:4513-DB
WA No. 100155 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.102516/2026 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 Group-D
Employees/Drivers. 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 counsel submits as follows on the
grounds on which the interim order is requested.
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HC-KAR
[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.
[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.
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HC-KAR
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 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
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HC-KAR
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
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.: 9
