M/S PADMAVATI ENTERPRISES RAICHUR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 201823 OF 2026 (GM-TEN)
BETWEEN:
M/S PADMAVATI ENTERPRISES
RAICHUR
REPRESENTED BY ITS PROPRIETOR
SHRI MATISAGAR S/O KASTURICHAND
AGE: 50 YEARS, OCC: BUSINESS
R/O 11-6-79 BRESTWARPET ROAD
RAICHUR-584101
…PETITIONER
(BY SRI. BASAVAKIRAN G R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF MEDICAL EDUCATION
VIKASA SOUDHA
BENGALURU-560001
2.
DIRECTOR
RAICHUR INSTITUTE OF MEDICAL SCIENCES
HYDERABAD ROAD
RAICHUR-584102
…RESPONDENTS
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1;
SRI.SACHIN M. MAHAJAN ADV., FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF CERTIORARI AND QUASH THE COPY OF THE AWARD OF
CONTRACT BEARING NO.RIMS/SUP/TEND/HNS/2025-26 DATED
27.02.2026 AT ANNEXURE-H ISSUED BY RESPONDENT NO.2
TO THE PETITIONER, ONLY TO THE EXTENT IT EXCLUDE RIMS-
HNS-27 FROM THE AWARD WITHOUT ANY WRITTEN ORDER OR
REASON; B) ISSUE A WRIT OF CERTIORARI QUASHING
WRITTEN REPLY LETTER BEARING NO. RIMS/SARABARAJU/
TENDER/HNS/2025-26/1055 DATED 23.03.2026 AT
ANNEXURE-K ISSUED BY RESPONDENT NO.2 AS A NON
SPEAKING ORDER THAT FAILS TO GIVE SPECIFIC REASONS
FOR NON-AWARD AND REFUSES TO DISCLOSE THE IDENTITY
OF THE AWARDEE FOR RIMS-HNS-27; C) ISSUE A WRIT OF
MANDAMUS DIRECTING RESPONDENT TO (1) DISCLOSE IN
WRITING TO WHOM RIMS-HNS-27 WAS AWARDED AT WHAT
RATE AND ON WHAT DATE AS SOUGHT FOR IN ANNEXURE-L
VIZ., REMINDER LETTER NO.7 DATED 27.03.2026; (II)
PRODUCE THE COMPLETE EVALUATION RECORD FOR
RIMS-HNS-27; AND (III) THEREAFTER DIRECT RESPONDENT
NO. 2 TO AWARD RIMS-HNS-27 TO THE PETITIONER AT RS.72
PER KG AS THE ACKNOWLEDGED L-1 BIDDER, AFTER PASSING
A REASONED SPEAKING ORDER; D) ISSUE A WRIT OF
CERTIORARI QUASHING TENDER NOTIFICATION NO.
RIMS/SUP/TEND/HNS/01/2025-26/CALL-2 (DME/2025-
26/IND2177) DATED 22.04.2026 AT ANNEXURE-N ISSUED BY
RESPONDENT NO.2 IN ITS ENTIRETY; E) IN THE ALTERNATIVE
TO PRAYER (D) ISSUE A WRIT OF CERITORARI STRIKING
DOWN THE FOLLOWING CONDITIONS OF CALL-2 TENDER
NOTIFICATION NO. RIMS/SUP/TEND/HNS/01/2025-26 / CALL-2
(DME/2025-26/IND2177) DATED 22.04.2026 AT ANNEXURE-N
ISSUED BY RESPONDENT NO.2 AS VIOLATIVE OF ARTICLE 14:
(I) THE RESTRICTION OF ELIGIBLE CATEGORIES TO
AUTHORIZED MANUFACTURERS/DISTRIBUTORS ONLY,
EXCLUDING REGISTERED FIRMS; (III) THE INCLUSION OF
ONGOING FY 2025-26 AS A MANDATORY TURNOVER YEAR
WITH PROVISIONAL CA CERTIFICATE AND ALLOW THE
PETITIONER TO PARTICIPATE IN THE TENDER AS AN ELIGIBLE
BIDDER WITHOUT INSISTING ON THE SAID CONDITION; F)
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GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS
HONOURABLE COURT MAY DEEMS FIT AND JUST.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
The writ petition is filed seeking following prayers:
“a) Issue a writ of certiorari and quash the copy of
the award of contract bearing
no.RIMS/SUP/TEND/HNS/2025-26 dated 27.02.2026
at Annexure-H issued by respondent no.2 to the
petitioner, only to the extent it exclude RIMS-HNS-
27 from the award without any written order or
reason;
b) Issue a writ of certiorari quashing written reply
letter bearing no. RIMS/Sarabaraju/
Tender/HNS/2025-26/1055 dated 23.03.2026 at
Annexure-K issued by respondent no.2 as a non
speaking order that fails to give specific reasons for
non-award and refuses to disclose the identity of the
awardee for RIMS-HNS-27;
c) Issue a writ of mandamus directing respondent
to(1) disclose in writing to whom RIMS-HNS-27 was
awarded at what rate and on what date as sought for
in Annexure-L viz., reminder letter no.7 dated
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27.03.2026; (ii) produce the complete evaluation
record for RIMS-HNS-27; and (iii) thereafter
direct respondent no. 2 to award RIMS-HNS-27 to
the petitioner at Rs.72 per kg as the acknowledged
L-1 bidder, after passing a reasoned speaking order;
d) Issue a writ of certiorari quashing tender
notification no. RIMS/SUP/TEND/HNS/01/2025-
26/Call-2 (DME/2025-26/IND2177) dated
22.04.2026 at Annexure-N issued by respondent
no.2 in its entirety;
e) In the alternative to prayer (d) issue a writ of
certiorari striking down the following conditions of
call-2 tender notification no.
RIMS/SUP/TEND/HNS/01/2025-26 / Call-2
(DME/2025-26/IND2177) dated 22.04.2026 at
Annexure-N issued by respondent no.2 as violative of
article 14: (i) the restriction of eligible categories to
authorized manufacturers/distributors only,
excluding registered firms; (iii) the inclusion of
ongoing FY 2025-26 as a mandatory turnover year
with provisional CA certificate and allow the
petitioner to participate in the tender as an eligible
bidder without insisting on the said condition;
f) Grant such other and further reliefs as this
Honourable Court may deems fit and just”
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2. Heard learned counsel for the petitioner,
learned counsel appearing for the respondent No.2 and
learned Additional Government Advocate for respondent
No.1 and meticulously perused the material available on
record.
3. The respondent No.2 invited a tender vide
notification dated 21.11.2025. The bidders submitted their
bids online. The petitioner was awarded work by issuing
the work orders for 16 items as per Annexure-H and other
work orders were issued to other successful bidders, who
were L-1, except in respect of Item No.18. The primary
contention of the respondent No.2 is that the respondent
No.2 had committed an error in uploading the tender
document on the E-Portal by mentioning each unit to Item
No.18 of the Items i.e. Colour Coded Polythene Dustbin
Plastic Bag non-Clorinated, instead of quoting the rate per
kg. On noticing the same, the authority proceeded with
the tender in respect of Item No.18 and no work order was
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issued to any of the bidders, who bid for Item No.18 in the
tender notification.
4. Learned counsel appearing for the respondent
No.2 submits that if the work orders were to be issued to
the bidder considering the rate unit wise, it would cause
huge loss to the respondent No.2. Hence on noticing the
same, they have not issued the work order and they
intend to call for fresh tender for the Item No.18 in the
tender document.
5. Considering the aforesaid submission and
taking note of the grounds urged in the writ petition, I am
of the considered view that the work order has been
issued with respect to 16 items to the petitioner, who is
L-1, out of 35 items and work order for the remaining
items is also issued to the successful bidders, who are L-1,
except Item No.18. Hence, I am of the considered view
that none of the bidders can insist to award the contract in
their favour, as they have no vested right. The authority
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on noticing the aforesaid error, has decided to recall the
tender. However, instead of recalling the tender only in
respect of Item No.18, the authority had committed an
error in inviting a tender on 22.04.2026 at Annexure-N to
all the items, which is impermissible, as they have already
issued work order, as referred supra.
6. Hence, I proceed to pass the following:
ORDER
i. The writ petition is allowed in part . The
tender notification dated 22.04.2026 at
Annexure-N is quashed.
ii. The respondent No.2 is permitted to invite a
fresh tender for Item No.18 of Annexure-I to
the tender document dated 21.11.2025 at
Annexure-F.
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iii. It is needless to observe that the petitioner
as well as other bidders can participate in the
fresh tender invited by respondent No.2.
Pending I.A.s, if any, do not survive for
consideration.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
NJ
List No.: 1 Sl No.: 16