[Cites 3, Cited by 0]
Karnataka High Court
Ashok Hebbale Trading Company vs The State Of Karnataka on 27 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2026:KHC-K:2787
WP No. 201400 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201400 OF 2026 (GM-TEN)
BETWEEN:
ASHOK HEBBALE TRADING COMPANY,
GANDHI GUNJ, BIDAR-585403,
REPRESENTED BY ITS PROPRIETOR,
ASHOK S/O CHANDRASHEKAR HEBBALE,
AGED ABOUT 39 YEARS, OCC: PROPRIETOR,
ASHOK HEBBALE TRADING COMPANY,
GANDHI GUNJ, BIDAR-585403.
...PETITIONER
(BY SRI GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA,
SWETA KULKARNI
Location: HIGH TRIBAL WELFARE DEPARTMENT,
COURT OF REPRESENTED BY ITS PRINCIPAL SECRETARY,
KARNATAKA
M. S. BUILDING, BENGALURU- 01.
2. DEPUTY COMMISSIONER AND PRESIDENT
OF DISTRICT LEVEL FOOD MATERIALS
PROCUREMENT COMMITTEE, BIDAR-585401.
3. DEPUTY DIRECTOR,
TRIBAL WELFARE OFFICE,
TQ. AND DIST. BIDAR-585401.
...RESPONDENTS
(BY SRI SHESHADRI JAISHANKAR M., AGA )
-2-
NC: 2026:KHC-K:2787
WP No. 201400 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE OF WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT NOS.2 AND 3 TO CONSIDER AND DISPOSE
OF THE REPRESENTATIONS DATED 06.03.2026 AND
07.03.2026 SUBMITTED BY THE PETITIONER, IN ACCORDANCE
WITH LAW AND WITHIN A TIME BOUND MANNER, THE COPIES
OF WHICH ARE AT ANNEXURE-B AND C RESPECTIVELY; B)
DIRECT THE RESPONDENT NO.2 AND 3 TO FURNISH ALL
DOCUMENTS AND RECORDS PERTAINING TO THE TENDER
NOTIFICATION DATED 15.02.2025, INCLUDING: TECHNICAL
BID OPENING AND EVALUATION PROCEEDINGS; FINANCIAL
BID OPENING AND EVALUATION PROCEEDINGS; COMPARATIVE
STATEMENT OF BIDDERS; APPROVAL/ SANCTION ORDERS OF
THE COMPETENT AUTHORITY; NOTE SHEETS, FILE
MOVEMENTS RECORDS, AND RELATED CORRESPONDENCE;
COPY OF THE WORK ORDER ISSUED, IF ANY; C) DIRECT THE
RESPONDENTS NOT TO IMPLEMENT, ACT UPON, OR PERMIT
SUPPLY OF FOOD MATERIALS PURSUANT TO THE TENDER
NOTIFICATION DATED 15.02.2025 IN FAVOUR OF ANY THIRD
PARTY, UNTIL THE REPRESENTATIONS DATED 06.03.2026 AND
07.03.2026 SUBMITTED BY THE PETITIONER ARE DULY
CONSIDERED AND ALL THE REQUESTED DOCUMENTS ARE
FURNISHED TO THE PETITIONER; D) GRANT ANY OTHER
ORDER OR WRIT WHICH THIS COURT MAY DEEM NECESSARY
IN THE CIRCUMSTANCES OF THE CASE.
-3-
NC: 2026:KHC-K:2787
WP No. 201400 of 2026
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Learned Additional Government Advocate is directed
to take notice for respondent Nos.1 to 3.
Learned counsel Sri S.S. Mamdapur submits that he
has filed caveat on behalf of M/s. Chanakya Enterprises
who is the successful bidder.
The said submission is placed on record.
This Writ Petition under Articles 226 and 227 of the
Constitution of India is filed seeking for the following
reliefs:
"a) Issue of writ in the nature of mandamus directing
the respondent nos.2 and 3 to consider and dispose
of the representations dated 06.03.2026 and
07.03.2026 submitted by the petitioner, in
accordance with law and within a time bound
manner, the copies of which are at Annexure-B and
C respectively;
b) Direct the respondent No.2 and 3 to furnish all
documents and records pertaining to the tender
notification dated 15.02.2025, including: technical
NC: 2026:KHC-K:2787
HC-KAR
bid opening and evaluation proceedings; financial bid
opening and evaluation proceedings; comparative
statement of bidders; approval/ sanction orders of
the competent authority; note sheets, file
movements records, and related correspondence;
copy of the work order issued, if any;
c) Direct the respondents not to implement, act
upon, or permit supply of food materials pursuant to
the tender notification dated 15.02.2025 in favour of
any third party, until the representations dated
06.03.2026 and 07.03.2026 submitted by the
petitioner are duly considered and all the requested
documents are furnished to the petitioner;
d) Grant any other order or writ which this court may
deem necessary in the circumstances of the case."
2. Learned counsel for the petitioner submits that
respondent No.2 has already issued work order in favour
of M/s. Chanakya Enterprises who was one of the
participants in the bid and therefore, this writ petition may
be disposed of with liberty to the petitioner to file an
appeal as provided under Section 16 of the Karnataka
Transparency in Public Procurements Act, 1999 before
respondent No.1 who is the Appellate Authority. He
submits that such an appeal shall be filed on or before
28.03.2026 and in view of the urgency in the matter the
NC: 2026:KHC-K:2787
HC-KAR
Appellate Authority may be directed to pass orders on the
same on or before 31.03.2026.
3. The said submission is placed on record.
4. The Writ Petition is disposed of reserving liberty
to the petitioner to file an appeal as aforesaid and if such
an appeal is filed as aforesaid, respondent No.1 shall
consider the petitioner's prayer for interim order in the
said appeal on or before 31.03.2026.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SWK
List No.: 1 Sl No.: 26
CT:PK
