Karnataka High Court
M/S Gulburga Local Transport vs State Of Karnataka on 8 July, 2025
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NC: 2025:KHC-K:3709
WP No. 201201 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.201201 OF 2025 (GM-TEN)
BETWEEN:
M/S. GULBURGA LOCAL TRANSPORT,
REP. BY PROPRIETOR
SRI. MOHAMMED AZHARUDDIN
S/O MOHAMMED IFTEQUARUDDIN,
AGED ABOUT 37 YEARS,
NO.6-38/2, KHARI BOWLI,
MOMINPURA, GULBURGA-585 104.
...PETITIONER
(BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
Digitally signed 1. STATE OF KARNATAKA,
by LUCYGRACE REPRESENTED BY ITS SECRETARY &
Location: HIGH DEPARTMENT OF FOOD & CIVIL SUPPLIES &
COURT OF
KARNATAKA CONSUMER AFFAIRS, APPELLATE AUTHORITY,
LEGAL METROLOGY DEPARTMENT,
VIKASA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER &
DEPARTMENT OF FOOD &
CIVIL SUPPLIES & CONSUMER AFFAIRS,
CUNNINGHAM ROAD,
BENGALURU-560 008.
3. THE DEPUTY COMMISSIONER
& PRESIDENT,
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WP No. 201201 of 2025
HC-KAR
TECHNICAL BID EVALUATION COMMITTEE,
GULBURGA DISTRICT-585 104.
4. THE DEPUTY DIRECTOR,
FOOD, CIVIL SUPPLIES &
CONSUMERS AFFAIRS DEPARTMENT,
GULBURGA DISTRICT-585 104.
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
(I) SECURE THE RECORDS FROM THE FIRST
RESPONDENT IN APPEAL NO.AA.NA.SA 197 RPR 2024
(9045803).
(II) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT
OR DIRECTION QUASHING THE ORDER DATED 07.04.2025 IN
APPEAL NO.AA.NA.SA 197 RPR 2024 (9045803) PASSED BY
THE FIRST RESPONDENT, A COPY OF WHICH IS PRODUCED AT
ANNEXURE-A AND ALLOW THE SAID APPEAL AS PRAYED FOR
TO MEET THE ENDS OF JUSTICE.
(III) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT
OR DIRECTION DIRECTING THE RESPONDENTS TO ALLOT THE
WORK ORDER IN RESPECT OF ALAND, CHINCHOLI & JEWARGI
IN KALABURAGI DISTRICT FOR THE YEARS 2024-2026, HIS
BID BEING THE LOWEST AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 201201 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.I.ARUN) Tenders were invited for transportation of food grains from one place to another. The bidders are required to provide for the necessary transport. The petitioner made a bid for providing the necessary transport in Chincholi, Aland and Jewargi.
2. The calendar of events, which fix the schedule of tender is as follows:
CALENDER OF EVENTS-
SCHEDULE OF TENDER Date Time Date of Notification 23-08-2024 11.00 a.m. Pre bid Meeting 29-08-2024 11.00 a.m. Last date and time for 31-08-2024 5.30pm written clarification Last date and time for 09-09-2024 5.30pm Receipt of Tenders Technical Bid opening date 11-09-2024 11.00 am and time Financial Bid opening date 18-09-2024 11.00 am and time -4- NC: 2025:KHC-K:3709 WP No. 201201 of 2025 HC-KAR
3. However, in respect of prequalification for the tenderers, a clarification was given by way of a corrigendum dated 10.09.2024. The relevant Tender clause and Departments' Clarification reads as under:
Sl. Prebid queries Tender Tender Tender Departments No. page clause clause Clarification no. no.
rules and regulations.
33 Bidder requested 10 4(ix)
that experience
and turnover The bidder's Should be read
should be Annual as:
considered from Turnover must The bidder's
foodgrains or food be 60 lakhs and Annual
items above from the Turnover must
transportation transportation be 60 lakhs
activity only and activity itself. and above
the experience and The bidder should from the food
annual turnover of submit the grains or food
non-food items details in this items
should not be regard along with transpiration
considered. copies of filed activity itself.
income tax The bidder
returns of 2019- should submit
2020, 2020- the details in
2021, 2021- this regard along
2022, 2022- with copies of
2023, 2023- filed income tax
2024, (any three returns of 2019-
consecutive 2020, 2020-
years) financial 2021, 2021-
years. The bidder 2022, 2022-
should submit 2023, 2023-
attested Balance 2024, (any three
Sheet, Profit & consecutive
Loss statement years) financial
and Audited years. The
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WP No. 201201 of 2025
HC-KAR
Report in the bidder should
form no.3 CB & 3 submit attested
CD as per section Balance Shee..
44 AB of income Profit & Loss
tax if the statement and
turnover is more Audited Report
than Rupees one in the form no.3
crore. If CB & 3 CD as
partnership firm per section 44
certificates AB of income
should be in the tax if the
name of firm or turnover is more
company. than Rupees two
crore. If
partnership firm
certificates
should be in the
name of firm or
company.
4. Aggrieved by the same, the present writ
petition is filed.
5. The case of the petitioner is that, the
corrigendum has been issued subsequent to the last date and time fixed for the receipt of the tender and hence, the same is bad in law.
6. Per contra, learned Additional Government Advocate submits that, on 06.09.2024, the last date and time for receipt of the tender has been extended from -6- NC: 2025:KHC-K:3709 WP No. 201201 of 2025 HC-KAR 09.09.2024, 5.30 p.m. to 19.09.2024, 5.30 p.m. and the relevant portion of the corrigendum reads as under:
Sl. Prebid Tender Tender Tender Departments No. queries page clause clause Clarification no. no.
1. Please 4 Calendar Last date Last date provide of events and time and time for minimum 30 for Receipt Receipt of days time for of Tenders Tenders the tender 09/09/2024 19/09/2024 upload time 5:30 pm 05.30 pm to be Technical Technical considered as Bid opening Bid opening given in all date and date and previous time time tender time. 11/09/2024 21/09/2024 11:00 am 11.00 am Financial Financial Bid Bid opening opening date and date and time time 18/09/2024 27/09/2024 11:00 am 11:00am
7. It is further submitted that the terms of the tender provides for extension of time as it is done by issuance of the aforementioned corrigendum and on the said ground it is submitted that the corrigendum issued giving the necessary clarification is valid in law. It is further submitted that the relevant EMD is in fact paid by the petitioner on 19.09.2024, the extended date for -7- NC: 2025:KHC-K:3709 WP No. 201201 of 2025 HC-KAR receipt of the tenders and the petitioner has not come before this Court with clean hands and has suppressed material facts and on the said ground, it is prayed that the writ petition be dismissed.
8. Learned counsel for the petitioner, in the course of the argument is not in a position to dispute the aforementioned facts submitted by the respondents.
9. Annexure-A to the writ petition, which is impugned in the instant case has been undisputedly passed taking into consideration the facts submitted by the respondents herein, wherein the bid of the petitioner has been rejected on the ground that it does not meet the necessary technical requirements. The case of the petitioner is that, if the corrigendum dated 10.09.2024 were not to be considered, he would have meet the eligibility criteria. However, he admits that he does not meet the eligibility criteria, if the corrigendum dated 10.09.2024 is held valid.-8-
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10. Admittedly, the tender is for transportation of food grains. The corrigendum dated 06.09.2024, wherein time for submission of the bids and subsequent process has been extended, is done as per the terms of the tender document and is valid. Subsequently, the corrigendum dated 10.09.2024 as extracted above in paragraph No.3 supra is also issued as per the terms of the tender document. The effect of the corrigendum dated 10.09.2024 is fixing the Annual Turnover of the bidder by transporting food grains or food items itself. The case of the petitioner is that, his Annual Turnover by transporting fertilizer also has to be considered while making the bid.
11. Admittedly, the tender document is called for transportation of food grains and food items and it does not pertain to transportation of fertilizer. The requirement of the transportation vehicle for food grains and food items may be different from that of the transportation vehicle used for fertilizer. A person not having the necessary transportation vehicle for transporting food grains and -9- NC: 2025:KHC-K:3709 WP No. 201201 of 2025 HC-KAR food items may not be in a position to effectively transport food grains and food items, because of which, the corrigendum dated 10.09.2024 has been issued. The specification of the technical requirements in the tender document is best left to the wisdom of the person calling the tender and it is not advisable for the Courts to substitute its wisdom in respect of the same.
12. Though all these factors have not been clearly explained in the impugned order at Annexure-A to the writ petition, I do not see any infirmity in the tender process adopted by the respondents, wherein the petitioner has been disqualified from making the bid.
13. For the aforementioned reasons, the writ petition is hereby dismissed.
14. In view of dismissal of the writ petition, I.A.No.1/2025 for dispensation of production of certified copy of Annexure-A and I.A.No.2/2025 for impleading as
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NC: 2025:KHC-K:3709 WP No. 201201 of 2025 HC-KAR respondent Nos.5 to 7 do not survive for consideration and the same are accordingly dismissed.
Sd/-
(M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 17