Karnataka High Court
Beckhaul Digital Technologies Private ... vs State Of Karnataka on 17 September, 2025
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2025:KHC:37004
WP No. 26547 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 26547 OF 2025 (GM-TEN)
BETWEEN:
BECKHAUL DIGITAL TECHNOLOGIES
PRIVATE LIMITED
A COMPANY INCORPORATEDX UNDER THE
COMPANIES ACT 2013,
HAVING ITS REGISTERED OFFICE AT
708, 7TH FLOOR, EVERSHINE TOWER,
AMARPALI CIRCLE, VAISHALI NAGAR,
JAIPUR, RAJASTHAN 302021.
ALSO AT
CORPORATE OFFICE,
UNIT NO.1010, 10TH FLOOR,
TOWER A SPAZE I TECH PARK,
Digitally SOHNA ROAD,
signed by GURUGRAM 122018
VANAMALA HARYANA
N REPRESENTED HEREIN BY ITS AUTRHOSISED
Location: REPRESENTATIVE MR. ANSH GUPTA
HIGH
COURT OF
KARNATAKA ...PETITIONER
(BY SRI. THIMMAIAH M.C. AND SRI. MARUTHI S.H.,
ADVOCATES FOR SRI. JOSHUA HUDSON SAMUEL,
ADVOCATE)
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NC: 2025:KHC:37004
WP No. 26547 of 2025
HC-KAR
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
VIDHANA SOUDHA,
BANGALORE 560001.
REP BY ITS SECRETARY
2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL)
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 2013,
HAVING ITS OFFICE AT KAVERI BHAVAN,
K G ROAD, BENGALURU 560009.
REPRESENTED HEREIN BY ITS
MANAGING DIRECTOR
...RESPONDENTS
(BY SRI. K. SHASHI KIRAN SHETTY, ADVOCATE
GENERAL A/W SMT. RAKSHITHA D.J, MS.
ADOORYA HARISH, ADVOCATES)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE
NATURE OF WRIT OF CERTORARIFIED MANDAMUS
QUASHING THE BID ENQUIRY NO.
KPTCL/CEE/SLDC/SEE/SCADA/MDF-012/2024-
25(CALL-2) DATED 10.06.2025 LEADING TO THE
TENDER BEARING REFERENCE NO. KPTCL/2025-
26/SE2262 DATED 19.07.2025 AS DISCLOSED IN
THE KARNATAKA PUBLIC PROCUREMENT PORTAL,
VIDE ANNEXURE-A OR IN THE ALTERNATIVEB.
ISSUE A WRIT, ORDER OR DIRECTION IN THE
NATURE OF WRIT OF MANDAMUS DIRECTING THE
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NC: 2025:KHC:37004
WP No. 26547 of 2025
HC-KAR
RESPONDENT TO DISPOSE OFF THE APPEAL
LODGED VIDE REPRESENTATION DATED
22.08.2025 VIDE ANNEXURE-E, IN RESPECT OF
BID ID 86025766.
THIS PETITION, COMING ON FOR FRESH
MATTERS, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, who has participated in the tender issued by the Karnataka Power Transmission Corporation Limited [the second respondent] for Selection of Agency for Monetization of Dark Fiber and O&M of the Optical Ground Wire (OPGW) Network, has sought for following reliefs:
a. quashing the Bid Enquiry No.KPTCL/CEE/SLDC/SEE/SCADA/MD F-012/2024-25 (CALL-2) dated 10.06.2025 leading to the Tender bearing Reference No. KPTCL/2025-26/SE2262 dated 19.07.2025 [ANNEXURE-A]; or in the alternative -4- NC: 2025:KHC:37004 WP No. 26547 of 2025 HC-KAR b. for direction to the Respondent to dispose off the petitioner's appeal lodged vide representation dated 22.08.2025 [ANNEXURE-E].
2. This Court, on 08.09.2025, has recorded the petitioner's grievance in a nutshell thus, Upon hearing Mr. J. Hudson Samuel, the learned counsel for the petitioner, on the petitioner's essential grievance that its appeal under Section 16 of the Karnataka Transparency in Public Procurement Act, 1999 is rendered ineffective because the reasons for the rejection of the petitioner's bid is not made known, Ms. Rakshitha D. J, a learned standing counsel for the second respondent, is called upon to accept notice. ...............
When the petition is listed next on 15.09.2025, accommodation is sought on behalf of the second respondent to place on record the details of the reasons for treating the petitioner's technical bid non- responsive.
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NC: 2025:KHC:37004 WP No. 26547 of 2025 HC-KAR
3. Presently, Mr. K. Shashi Kiran Shetty, the learned Advocate General for the respondents, places on record a copy of the Technical Scrutiny Committee proceedings dated 13.08.2025 in response to the petitioner's case that the reasons are not furnished and submits that the petitioner's bid is treated non- responsive because it does not fulfil all pre-qualification criteria. The learned Advocate General submits that the petitioner's appeal is listed on 19.09.2025 at 03.00 p.m. with the appellate authority and it will be open to the petitioner to seek amendment in the light of the reasons assigned and also urge all other grounds that could be, but there will be no occasion for this Court's interference with the appeal pending.
4. This Court finds considerable force in the submission that the petitioner's grievance about the failure to give reasons for refusal of its bid and the appeal is rendered ineffective is largely answered with -6- NC: 2025:KHC:37004 WP No. 26547 of 2025 HC-KAR a copy of the Technical Scrutiny Committee's proceedings dated 13.08.2025 now being placed on record and a copy thereof being served on the learned counsel for the petitioner. Therefore, the petition stands disposed of with liberty to the petitioner to file application/s in the pending appeal to raise additional grounds confined not just to the merits of the reasons as recorded in the Minutes but also about any procedural irregularity that could be.
Sd/-
(B M SHYAM PRASAD) JUDGE RB