Karnataka High Court
S Obappa S/O Borappa vs The State Of Karnataka on 9 April, 2026
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NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 9TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 108830 OF 2025 (GM-TEN)
C/W
WRIT PETITION NO. 110045 OF 2025
WRIT PETITION NO. 110047 OF 2025
WRIT PETITION NO. 110049 OF 2025
WRIT PETITION NO. 110063 OF 2025
IN WP No.108830/2025
BETWEEN:
HOMBALE REVANNA
C/O. H BASAVARAJA,
AGED ABOUT 51 YEARS,
YASHAVANT
NARAYANKAR
OCC. P.W.D CLASS-I CONTRACTOR,
R/O. 30/B 1ST WARD
Digitally signed by
YASHAVANT
NARAYANKAR
Location: High Court of
Karnataka, Dharwad Bench
VTC: HURLIHALU,
Date: 2026.05.05 11:34:19
+0545
PO. HURLIHALU,
VIJAYANAGARA DISTRICT,
HOSPET.
...PETITIONER
(BY SRI. SUNIL S.DESAI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINES AND GEOLOGY,
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NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
M.S. BUILDING, BENGALURU-560001.
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
# 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
3. THE DEPUTY COMMISSIONER/
THE PRESIDENT,
DISTRICT SAND COMMITTEE,
VIJAYANAGAR, DIST. VIJAYANAGAR-582101.
4. SENIOR GEOLOGIST/
MEMBER SECRETARY,
DISTRICT SAND COMMITTEE,
VIJAYANAGAR, DIST. VIJAYANAGARA-582101.
5. HALESH S/O. RUDRAPPA GALAGANATH,
AGE. 49 YEARS, OCC. BUSINESS,
R/O. HIREBANNIMATTI,
TALUK. HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4;
SRI. CHANDRASHEKHAR R.HIREMATH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A
WRIT OF MANDAMUS DECLARING ALL THE PROCESS OF TENDER
IN PURSUANCE OF THE TENDER NOTIFICATION BEARING
NO.DMG/SG-VJN/SAND-BLOCK/2025-26/2167 DATED 12-08-
2025 VIDE ANNEXURE-A AS ILLEGAL AND ARBITRARY, IN THE
INTEREST OF JUSTICE AND EQUITY. 2. ISSUE A DIRECTION TO
THE 3RD AND 4TH RESPONDENT TO CALL FOR THE FRESH
TENDER FOR SANDY QUARRY LEASE IN TERMS OF KARNATAKA
TRANSPARENCY IN PUBLIC PROCUREMENT (KTTP) ACT, 1999
AND ALLIED RULES AND IN COMPLIANCE OF CIRCULAR DATED
29-11-2021 BEARING NO.FD 685 EXP-12/2021 VIDE ANNEXURE-
E, IN THE INTEREST OF JUSTICE AND EQUITY. 3. ISSUE ANY
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NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
OTHER INCIDENTAL RELIEF AS DEEMED FIT AND PROPER BY
THIS HON'BLE COURT CONSIDERING THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN WP NO.110045/2025
BETWEEN:
SHIVAKUMAR D. S/O. HANUMANTHAPPA D.,
AGE. 40 YEARS, OCC. CONTRACTOR,
R/O. #110/E 10TH WARD BAPURI ONI,
MARIYAMMANAHALLI BELLARY KARNATAKA-583222.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY,
DEPARTMENT OF MINES AND GEOLOGY,
M.S. BUILDING, BENGALURU-590001.
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
M.S. BUILDING, BENGALURU-560001.
3. THE OFFICE OF SENIOR GEOLOGIST AND
DEPARTMENT OF MINES AND GEOLOGY
VIJAYANAGAR DISTRICT 7TH WARD
(SADASHIVA NAGAR), M.P. PRAKASH NAGAR,
HOSAPET, VIJAYANAGAR DISTRICT-583101.
4. THE DEPUTY COMMISSIONER/
THE PRESIDENT, DISTRICT SAND COMMITTEE,
VIJAYANAGAR DISTRICT, HOSPET-583101.
5. HALESH S/O. RUDRAPPA GALAGANATH,
AGE. 49 YEARS, OCC. BUSINESS,
R/O. HIREBANNIMATTI, TALUK.
HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583216.
-4-
NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
6. NAGESH RAO S/O. GANESH RAO N.,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. MALLAPUR, POST. MUDOLLALU,
TALUK. BHADRAVATI,
DISTRICT. SHIVAMOGGA-577301.
7. GONEPPA S/O. SHANKRAPPA SINGATALURU,
AGE. 42 YEARS, OCC. BUSINESS,
R/O. KANDAGALLU VILLAGE,
TQ. HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583111.
8. RAVI S/O. BASAPPA YALLAJJI,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. KAMBHATRAHALLI, POST. THALAVAGALA,
TQ. HARAPANALLI, DIST. VIJAYANAGAR-583137.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4;
SRI. CHANDRASHEKHAR R.HIREMATH, ADVOCATE FOR R5 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A
WRIT OF MANDAMUS DECLARING ALL THE PROCESS OF TENDER
IN PURSUANCE OF THE TENDER NOTIFICATION DATED
12.08.2025 VIDE ANNEXURE-A AFTER EXPIRY OF VALIDITY
PERIOD AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF
JUSTICE AND EQUITY. B) ISSUE A DIRECTION TO THE 3RD AND
4TH RESPONDENT TO CALL FOR THE FRESH TENDER FOR SAND
QUARRY LEASE IN TERMS OF KARNATAKA TRANSPARENCY IN
PUBLIC PROCUREMENT ACT 1999 AND ALLIED RULES, IN THE
INTEREST OF JUSTICE AND EQUITY. C) ISSUE SUCH OTHER
WRIT, ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO.110047/2025
BETWEEN:
S OBAPPA S/O. BORAPPA,
AGE. 52 YEARS, OCC. CONTRACTOR,
R/O. OBALAPURA HALAVADARA
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NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
CHITRADURGA KARNATAKA-577541.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY,
DEPARTMENT OF MINES AND GEOLOGY,
M.S. BUILDING, BENGALURU-590001.
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
M.S. BUILDING, BENGALURU-560001.
3. THE OFFICE OF SENIOR GEOLOGIST
AND DEPARTMENT OF MINES AND
GEOLOGY VIJAYANAGAR DISTRICT
7TH WARD (SADASHIVA NAGAR),
M.P. PRAKASH NAGAR, HOSAPET
VIJAYANAGAR DISTRICT-583101.
4. THE DEPUTY COMMISSIONER/
THE PRESIDENT
DISTRICT SAND COMMITTEE,
VIJAYANAGAR DISTRICT,
HOSPET-583101.
5. HALESH S/O. RUDRAPPA GALAGANATH,
AGE. 49 YEARS, OCC. BUSINESS,
R/O. HIREBANNIMATTI, TALUK.
HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583216.
6. NAGESH RAO S/O. GANESH RAO N.,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. MALLAPUR, POST. MUDOLLALU,
TALUK. BHADRAVATI,
DISTRICT. SHIVAMOGGA-577301.
7. GONEPPA S/O. SHANKRAPPA SINGATALURU,
AGE. 42 YEARS, OCC. BUSINESS,
-6-
NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
R/O. KANDAGALLU VILLAGE, TQ.
HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583111.
8. RAVI S/O. BASAPPA YALLAJJI,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. KAMBHATRAHALLI, POST.
THALAVAGALA, TQ. HARAPANALLI,
DIST. VIJAYANAGAR-583137.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4;
SRI. CHANDRASHEKHAR R.HIREMATH, ADVOCATE FOR R5 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A
WRIT OF MANDAMUS DECLARING ALL THE PROCESS OF TENDER
IN PURSUANCE OF THE TENDER NOTIFICATION DATED
12.08.2025 VIDE ANNEXURE-A AFTER EXPIRY OF VALIDITY
PERIOD AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF
JUSTICE AND EQUITY. B) ISSUE A DIRECTION TO THE 3RD AND
4TH RESPONDENT TO CALL FOR THE FRESH TENDER FOR SAND
QUARRY LEASE IN TERMS OF KARNATAKA TRANSPARENCY IN
PUBLIC PROCUREMENT ACT 1999 AND ALLIED RULES, IN THE
INTEREST OF JUSTICE AND EQUITY. C) ISSUE SUCH OTHER
WRIT, ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO.110049/2025
BETWEEN:
SHIVAKUMAR D S/O. HANUMANTHAPPA D.,
AGE. 40 YEARS, OCC. CONTRACTOR,
R/O. #110/E, 10TH WARD BAPURI ONI,
MARIYAMMANAHALLI BELLARY
KARNATAKA-583222.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
-7-
NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY,
DEPARTMENT OF MINES AND GEOLOGY,
M.S. BUILDING, BENGALURU-590001.
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
M.S. BUILDING, BENGALURU-560001.
3. THE OFFICE OF SENIOR GEOLOGIST
AND DEPARTMENT OF MINES AND
GEOLOGY VIJAYANAGAR DISTRICT
7TH WARD (SADASHIVA NAGAR),
M.P. PRAKASH NAGAR, HOSAPET
VIJAYANAGARA DISTRICT-583101.
4. THE DEPUTY COMMISSIONER/
THE PRESIDENT
DISTRICT SAND COMMITTEE,
VIJAYANAGAR DISTRICT, HOSPET-583101.
5. HALESH S/O. RUDRAPPA GALAGANATH,
AGE. 49 YEARS, OCC. BUSINESS,
R/O. HIREBANNIMATTI, TALUK.
HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583216.
6. NAGESH RAO S/O. GANESH RAO N.,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. MALLAPUR, POST. MUDOLLALU,
TALUK. BHADRAVATI,
DISTRICT. SHIVAMOGGA-577301.
7. GONEPPA S/O. SHANKRAPPA SINGATALURU,
AGE. 42 YEARS, OCC. BUSINESS,
R/O. KANDAGALLU VILLAGE, TQ.
HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583111.
-8-
NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
8. RAVI S/O. BASAPPA YALLAJJI,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. KAMBHATRAHALLI, POST. THALAVAGALA,
TQ. HARAPANALLI, DIST.
VIJAYANAGAR-583137.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4;
SRI. CHANDRASHEKHAR R.HIREMATH, ADVOCATE FOR R5 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A
WRIT OF MANDAMUS DECLARING ALL THE PROCESS OF TENDER
IN PURSUANCE OF THE TENDER NOTIFICATION DATED
12.08.2025 VIDE ANNEXURE-A AFTER EXPIRY OF VALIDITY
PERIOD AS ILLEGAL AND ARBITRARY, IN THE INTEREST OF
JUSTICE AND EQUITY. B) ISSUE A DIRECTION TO THE 3RD AND
4TH RESPONDENT TO CALL FOR THE FRESH TENDER FOR SAND
QUARRY LEASE IN TERMS OF KARNATAKA TRANSPARENCY IN
PUBLIC PROCUREMENT ACT 1999 AND ALLIED RULES, IN THE
INTEREST OF JUSTICE AND EQUITY. C) ISSUE SUCH OTHER
WRIT, ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO.110063/2025
BETWEEN:
SRI. RAJESAB S/O. IMAMSAB NEGALUR,
AGED ABOUT 42 YEARS, OCC. REAL ESTATE,
R/O. MRUTYUNJAY NAGAR, NV HOTEL,
8TH CROSS, RANEBENNUR, DIST. HAVERI.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINES AND GEOLOGY,
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NC: 2026:KHC-D:6482
WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
M.S. BUILDING, BENGALURU-01.
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
# 49, KHANIJA BHAVAN,
RACE COURSE ROAD, BENGALURU-01.
3. THE DEPUTY COMMISSIONER/
THE PRESIDENT,
DISTRICT SAND COMMITTEE,
VIJAYANAGARA, DIST. VIJAYANAGAR.
4. SENIOR GEOLOGIST/MEMBER SECRETARY,
DISTRICT SAND COMMITTEE,
VIJAYANAGAR, DIST. VIJAYANAGAR.
5. HALESH S/O. RUDRAPPA GALAGANATH,
AGE. 49 YEARS, OCC. BUSINESS,
R/O. HIREBANNIMATTI,
TALUK. HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583216.
6. NAGESH RAO S/O. GANESH RAO N.,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. MALLAPUR, POST. MUDOLLALU,
TALUK. BHADRAVATI,
DISTRICT. SHIVAMOGGA-577301.
7. GONEPPA S/O. SHANKRAPPA SINGATALURU,
AGE. 42 YEARS, OCC. BUSINESS,
R/O. KANDAGALLU VILLAGE,
TQ. HUVINAHADAGALI,
DISTRICT. VIJAYANAGAR-583111.
8. RAVI S/O. BASAPPA YALLAJJI,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. KAMBHATRAHALLI, POST. THALAVAGALA,
TQ. HARAPANALLI, DIST. VIJAYANAGAR-583137.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4;
SRI. CHANDRASHEKHAR R.HIREMATH, ADVOCATE FOR R5 TO R8)
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WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A
WRIT IN THE NATURE OF CERTIORARI AND QUASH THE E-
TENDER NOTIFICATION DATED 12/08/2025 DOCUMENT
BEARING NO.UÀ¨sÀÆE/»¨sÀÆ«ºÉÆ/ªÀÄgÀ¼ÀÄ-¨ÁèPï/2025-26/21 & 7, ISSUED
BY THE 4TH RESPONDENT VIDE ANNEXURE-A, IN THE ENDS OF
JUSTICE AND EQUITY. B) ISSUE A WRIT IN THE NATURE OF
CERTIORARI AND QUASH THE MODEL TENDER DOCUMENT VIDE
ANNEXURE-C, IN THE ENDS OF JUSTICE AND EQUITY. C) ISSUE
ANY OTHER RELIEF AS THIS HON'BLE COURT DEEMS FITS, IN
THE ENDS OF JUSTICE AND EQUITY.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 12.01.2026, COMING ON FOR PRONOUNCEMENT
OF ORDER THIS DAY, THE COURT PRONOUNCED THE
FOLLOWING:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CAV ORDER
Since all these writ petitions are filed questioning the
very same Tender Notification bearing No.DMG/SG-VJN/Sand-
Block/2025-26/2167 dated 12.08.2025, they are all taken up
together, heard and disposed of by this common order.
2. WP No.108830/2025 is filed seeking the following
reliefs:
" i) Issue a writ of mandamus declaring all the
process of tender in pursuance of the tender
notification bearing No.DMG/SG-VJN/Sand-
Block/2025-26/2167 dated 12.08.2025 vide
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WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
Annexure-A as illegal and arbitrary, in the interest of
justice and equity.
ii) Issue a direction to the 3rd and 4th respondent to
call for fresh tender for Sandy Quarry Lease in terms
of Karnataka Transparency in Public Procurement
(KTTP) Act, 1999 and allied rules and compliance of
Circular dated 29-11-2021 bearing No.FD 685 Exp-
12/2021 vide ANNEXURE-E in the interest of justice
and equity.
iii) Issue any other incidental relief as deemed fit and
proper by this Hon'ble Court considering the facts
and circumstances of the case, in the interest of
justice and equity."
3. The case of the petitioner in WP No.108830/2025
is that respondent Nos.3 and 4 had issued E-tender
notification dated 12.08.2025 for disposal of Sand Blocks
in IV, V and Higher Order Streams/rivers of Vijayanagar
District and the said notification was published in newspaper.
The petitioner being eligible had applied for the tender and
submitted documents as per Form-VI for sand blocks tender.
It is stated that along with the petitioner, many other persons
had filed their application. It is further stated that as per the
procurement document, the evaluation type of the tender is of
two covers i.e., technical bid and financial bid. Respondent
No.4 in their portal displayed the tender details, mentioning
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WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
the eligibility conditions, contract value, tender fee, technical
qualification, documents required for bidder, bid validity
period etc. As per the same, the validity of the tender is 90
days. The State Government by its Circular dated 29.11.2021
prescribed the timelines for completion of tender process. As
per the said Circular, the tender process is required to be
completed on the 91st day of tender by issuing work order.
The grievance of the petitioner is that the timeline mentioned
in the said Circular is admittedly not followed and till today,
the evaluation of the technical bid was not done. This writ
petition was filed on 21.11.2025. A co-ordinate Bench of this
Court by order dated 24.11.2025 had passed the following
order:
"Learned AGA is directed to accept notice for all
the respondents.
The petitioner is before this Court calling in
question the notification of tender.
The learned counsel Sri.Sunil Desai submits
that the technical bid even is not processed despite
the passage of 90 days and is in violation of law. The
tender validity period is 90 days. Therefore, the State
shall not proceed further with a tender in the light of
its own falling, till the next date of hearing.
List the matter on 04.12.2025."
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C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
4. WP Nos.110045, 110047 and 110049 of 2025 are
filed seeking the following reliefs:
" i) Issue a writ of mandamus declaring all the
process of tender in pursuance of the tender
notification dated 12.08.2025 vide Annexure-A after
expiry of validity period as illegal and arbitrary, in
the interest of justice and equity.
ii) Issue a direction to the 3rd and 4th respondent to
call for fresh tender for Sandy Quarry Lease in terms
of Karnataka Transparency in Public Procurement
(KTTP) Act, 1999 and allied rules in the interest of
justice and equity.
iii) Issue such other writ, order or direction as
deemed fit in the interest of justice and equity."
5. The case of the petitioner in WP Nos.110045,
110047 and 110049 of 2025 is that the petitioner is a
Contractor doing contract works. The petitioner in these writ
petitions had participated in the tender issued by the
respondent No.3 by submitting application on 15.09.2025.
The last date for submitting the application was extended till
18.09.2025. It is the grievance of the petitioner that the
entire process has to be completed on or before 90th day and
work order should be issued on or before 91st day i.e. on
18.12.2025. It is the grievance of the petitioner that the
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C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
tender process being taken to its logical conclusion, is in
contravention of Rule 22 of the Karnataka Transparency in
Public Procurement Rules, 2000 and the Circular dated
29.11.2021 and the validity period of the tender is 90 days,
which expired on 17.12.2025. Hence, the impugned
notification requires to be set-aside. These writ petitions were
filed on 24.12.2025. A co-ordinate Bench of this Court on
26.12.2025, in these writ petitions, had passed the following
order:
"Sri. T.Hanumareddy, learned Additional
Government Advocate accepts notice for respondents.
Learned counsel for the petitioner submits that
the tender notification (Annexure-A) is issued on
12.08.2025 and the validity of the tender is for a
period of 90 days, which has expired on 18.12.2025.
It is his submission that despite lapse of the tender
notification, respondent may open a technical bid
which would prejudice the right of the petitioner.
Having regard to the submission made and
noting that the tender validity has expired on
18.12.2025, the respondent-State is directed not to
proceed further with the tender insofar as the
petitioner is concerned till the next date of hearing.
Office objections shall be rectified within two
weeks."
6. WP No.110063/2025 is filed seeking the following
prayers:
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WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
" i) Issue a writ in the nature of certiorari and quash
the E-tender notification bearing No.DMG/SG-
VJN/Sand-Block/2025-26/2167 dated 12.08.2025
issued by 4th respondent vide Annexure-A, in the
interest of justice and equity.
ii) Issue a writ in the nature of certiorari and quash
the Model Tender Document vide Annexure-C, in the
ends of justice and equity.
iii) Issue any other relief as this Hon'ble Court deems
fit, in the interest of justice and equity."
7. The case of the petitioner in WP No.110063/2025
is that respondent No.4 had issued E-tender
notification dated 12.08.2025 for disposal of Sand Blocks
in IV, V and Higher Order Streams/rivers of Thungabhadra.
The petitioner being eligible applied for the tender and
submitted documents as per Form-I for sand blocks tender. It
is further stated that as per the procurement document, the
evaluation type of the tender is of two covers i.e., technical
bid and financial bid. Respondent No.4 in their portal
displayed the tender details mentioning the eligibility
conditions, contract value, tender fee, technical qualification,
documents required for bidder, bid validity period etc. As per
the same, the validity of the tender is 90 days. The State
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WP No. 108830 of 2025
C/W WP No. 110045 of 2025
WP No. 110047 of 2025
HC-KAR AND 2 OTHERS
Government by its Circular dated 29.11.2021 prescribed the
timelines for completion of tender process. As per the said
Circular, the tender process is required to be
completed on the 91st day of tender by issuing work order.
The grievance of the petitioner is that the timeline mentioned
in the said Circular is admittedly not followed and till today,
the evaluation of the technical bid was not done. This writ
petition was filed on 24.12.2025. A co-ordinate Bench of this
Court by order dated 26.12.2025 had passed the following
order:
"Sri. T.Hanumareddy, learned Additional
Government Advocate accepts notice for
respondents.
"Learned counsel for the petitioner submits
that the tender notification (Annexure-A) is issued
on 12.08.2025 and the validity of the tender is for
a period of 90 days, which has expired on
18.12.2025. It is his submission that despite lapse
of the tender notification, respondent may open a
technical bid which would prejudice the right of
the petitioner.
Having regard to the submission made and
noting that the tender validity has expired on
18.12.2025, the respondent-State is directed not
to proceed further with the tender insofar as the
petitioner is concerned till the next date of
hearing.
Office objections shall be rectified within
two weeks."
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8. The main contention of the petitioner in all these
writ petitions, which are arising out of the same tender
notification dated 12.08.2025, is that the process of tender
has not been completed as per the notification. It is submitted
that the respondent authorities have failed to follow the
Circular dated 29.11.2021 issued by the State Government.
Therefore, in the light of the same, the impugned tender
notification requires to be set-aside and the respondents have
to call for fresh tender.
9. Learned counsel appearing on behalf of impleading
respondents submits that in the last page of the Document
No.2, which is placed on record by the impleading
respondents i.e. Notice inviting tender details, the last date
and time for receipt of tender is mentioned as 18.09.2025 and
time line has to be read from that date only. As per the
Circular dated 29.11.2021, the technical bid is supposed to
open within 48 hours and accordingly, it was opened on
20.09.2025, from then the evaluation of technical bid to be
completed on or before 30th day and accordingly, evaluation
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completed on 20.10.2025. After 20.10.2025, the opening of
financial bid is supposed to open on or before 35th day and
accordingly, the 35th day would be on 25.10.2025. It is stated
that WP No.108830/2025 was filed on 21.11.2025 and interim
order of stay of further proceeding of tender was granted on
24.11.2025. As such, the financial bid was not proceeded
further, but later on 18.12.2025, the said order of stay was
modified to the extent that the respondent authority was
permitted to go ahead with the tender process subject to
outcome of the writ petition. The period of stay was operating
from 24.11.2025 to 18.12.2025 and the same shall not be
calculated to count the 90 days. It is further stated that from
18.12.2025, again the process of tender was resumed and on
26.12.2025, again the order of stay was granted to stall the
tender process. It is stated that while granting stay, neither
the petitioner had placed the earlier order dated 18.12.2025
nor they had taken contention in their memorandum of writ
petition. It is therefore submitted that there is suppression
about the interim order on the same subject matter. From
18.12.2025 to 26.12.2025, it will be 8 days and in total 75
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days lapsed from the date of receipt of tender and still 15
days time is there to complete 90 days and to conclude the
process of tender. Hence, the contention that it is beyond 90
days is without any basis and all the writ petitions are liable to
be dismissed.
10. Learned counsel for the respondent Nos.5 to 8
places reliance on a judgment of the Hon'ble Apex Court in
the case of Jagdish Mandal vs. State of Orissa and
Others1 and submits that judicial review of administrative
action is intended to prevent arbitrariness, irrationality,
unreasonableness, bias and malafides. Its purpose is to check
whether choice or decision is made "lawfully" and not to check
whether choice or decision is "sound". When the power of
judicial review if invoked in matters relating to tenders or
award of contracts, certain special features should be borne in
mind. The Courts before interfering in tender or contractual
matters in exercise of power of judicial review should be
careful. He has also placed reliance on a decision of a co-
1
2007 (14) SCC 517
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ordinate Bench of this Court in the case of Jagadish Vs.
State of Karnataka & Others2 and decision of the Hon'ble
Apex Court in the case of M/s. N.G. Projects Limited Vs.
M/s. Vinod Kumar Jain3 and also in the case of Airport
Authority of India vs. Centre for Aviation Policy, Safety
& Research (CAPSR)4. It is submitted that no prejudice is
caused to the petitioner if the process of tender is proceeded
further. In fact, the respondent Nos.5 to 8 and others are
going to effect if the claim of petitioner is considered, since
the impleaded respondents and other participants have
invested huge money. On all these counts, the above writ
petitions may be dismissed.
11. Having heard the learned counsels on either side,
perused the material on record. The undisputed facts in this
case are that the last date of receipt of tender is 18.09.2025
and while calculating the period of 90 days, it has to be from
the last date of receipt of tender. As per the Circular dated
2
WP No.101453/2024, dated 01.03.2024
3
2022 Legal Eagle (SC) 308
4
2022 SCC Online SC 1334
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29.11.2021, technical bid is supposed to be opened within 48
hours and accordingly, the same was opened on 20.09.2025.
From then, the evaluation of technical bid has to be completed
on or before 30th day and as such, the evaluation was
completed on 20.10.2025. After 20.10.2025, the financial bid
was supposed to be opened on or before 35th day i.e.,
25.10.2025. Even according to the respondents, the financial
bid was not opened till 24.11.2025, the day stay was granted,
which is beyond the time stipulated as per the circular.
12. The circular dated 29.11.2021 stipulates the
timeline as per the table given below:
SL.N Activity Timeline from the last
o. date for submission of
tender
1 Opening of technical bid Within 48 hours
2 Evaluation of Technical On or before 30th day
Bid to be completed
3 Opening of Financial Bid On or before 35th day
4 Evaluation of Financial Bid On or before 50th day
to be completed
5 Awarding of contract and On or before 70th day
Issue of LoI
6 Furnishing of performance On or before 90th day
security and entering into
agreement
7 Issue of work On or before 91st day
order/purchase order
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13. The petitioners have come before this Court
questioning the lapses on the part of the respondents in
adhering to the timeline that is prescribed as per the circular
dated 29.11.2021. The financial bid shall be opened on or
before 35th day i.e., 25.10.2025. It is admitted fact that it was
not opened. Stay was granted on 24.11.2025. By that time,
the financial evaluation has to be completed. As per the
circular any relaxation in the timelines shall be specifically
authorized by the authority superior to the Tender Accepting
Authority for the reasons to be recorded in writing. Nothing is
placed before the Court to show that the timelines are
extended by the authority as stipulated in the circular. In view
of the above discussion, this Court is passing the following
order:
ORDER
i. The above writ petitions are allowed and the tender notification dated 12.08.2025 issued by respondent No.3 is set aside.
ii. The respondent Nos.3 and 4 are at liberty to issue fresh tender notification.
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Sd/-
JUSTICE LALITHA KANNEGANTI MEG List No.: 19 Sl No.: 1