SRI. SHARANAPPA GOUDA vs THE STATE OF KARNATKAA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59476-DB
WP No. 29075 of 2025
CNR: KAHC010630882025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
WRIT PETITION NO. 29075 OF 2025 (GM-RES-PIL)
BETWEEN:
SRI. SHARANAPPA GOUDA
S/O GOLAPPA GOWDA
AGE ABOUT 64 YEARS
R/A H NO 5-11-113/2
MAIN ROAD NEAR POST OFFICEK MUDNAL LAYOUT
YADGIR CITY YADGIR 585202
…PETITIONER
(BY SRI. SANDEEP LAHIRI, ADVOCATE)
Digitally
signed by
PAVITHRA N
Location:
High Court
of Karnataka
AND:
1. THE STATE OF KARNATKAA
REP BY ITS SECRETARY
PUBLIC WORKS DEPARTMENT
MS BUILDING
BANGALORE 560001
2. THE PUBLIC WORKS KDEPARTMENT
DIVISION OFFICE YADAGIRI
YADIGIRI KARNATAKA 585202
REP BY THE EXECUTIVE ENGINEER
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NC: 2026:KHC:59476-DB
WP No. 29075 of 2025
CNR: KAHC010630882025
3. SHREE BANADESHWAR CONSTRUCTION COMPANY
PARTNERSHIP FIRM
REP BY PARTNER CHIDANADAPPA KALEBELAGUNDI
SWAMY VIVEKANANDA NAGAR
YADAGIR 585202
…RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR R1 & R2;
SMT. DRITHI S. RAJASHEKAR, ADV. FOR
SRI. RAJASHEKAR S., ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUANCE OF
WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI
OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO
QUASH THE WORK ORDER DATED 22.04.2025 BEARING No.
EE/PWD/DIVN.YDG/TS-3/2025-26/149 ISSUED BY THE
RESPONDENT No. 2 IN FAVOUR OF THE RESPONDENT No. 3
PURSUANT TO TENDER INVITING NOTIFICATION OF THE
RESPONDENT No. 2 DATED 07.03.2025 BEARIGNG REFERENCE
No. PED/2024-25/BR/WORK_INDENT19928 ON THE
KARNATAKA PUBLIC PROCUREMENT PORTAL FOR
"CONSTRUCTION OF BRIDGE ON YADGIR SAIDAPUR MDR AT
CH 5.80KM AND CONSTRUCTION OF ROAD FROM CH 7.0 TO
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HC-KAR
NC: 2026:KHC:59476-DB
WP No. 29075 of 2025
CNR: KAHC010630882025
8.50 KM IN YADGIR TALUK, YADGIR DISTRICT (UNDER 5054
APPENDIX-E FOR THE YEAR 2024-25)" VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking the following reliefs:-
" a) Issuance of writ order or direction in the nature
of certiorari or any other appropriate writ order or
direction to quash the Work order dated 22.04.2025
bearing No.EE/PWD/Divn.Ydg/TS-3/2025-26/149 issued
by the respondent No.2 in favour of the respondent
No.3 pursuant to tender inviting Notification of the
Respondent No.2 dated 07.03.2025 bearing reference
No.PED/2024-25/BR/WORK_INDENT19928 on the
Karnataka Public Procurement Portal for "Construction of
Bridge on Yadgir Saidapur MDR at CH 5.80 KM and
Construction of Road from CH 7.0 to 8.50 KM in Yadgir
Taluk, Yadgir District(Under 5054 Appendix-E for the
year 2024-25)" vide Annexure-A.
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HC-KAR
NC: 2026:KHC:59476-DB
WP No. 29075 of 2025
CNR: KAHC010630882025
b) Issue a writ of mandamus or any other
appropriate writ, order or direction directing Respondent
No.2 to initiate a fresh tender for the work of
"Construction of Bridge on Yadgir Saidapur MDR at CH
5.80 KM and Construction of Road from CH 7.0 to 8.50
KM in Yadgir Taluk, Yadgir District(Under 5054
Appendix-E for the year 2024-25)" in accordance with
law and by ensuring participation only of technically
qualified and eligible contractors."
2. We have heard the learned counsel for the writ
petitioner as well as the learned Government Advocate
appearing for the respondents.
3. The learned counsel appearing for the writ
petitioner submits that the writ petitioner is a permanent
resident of Yadagiri Town, Yadagiri District, Karnataka and that
he is interested in the subject matter of this writ petition, that
is, with regard to the "Construction of Bridge on Yadgir
Saidapur MDR". It is further submitted that the technical
qualifications provided in the tender document specifically
provides that the tenderer should have, in the past five years,
satisfactorily completed as prime contractor for at least one
similar work of value not less than Rs.333.19 lakhs. It is further
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CNR: KAHC010630882025
submitted that the past experience which is required in the
tender document would also include past experience in conduct
of a similar work. It is therefore contended that the award of
the tender to respondent No.3 was illegal and incorrect.
4. The statement of objections has been placed on
record by respondents No.1 and 2 wherein it is specifically
stated as follows:-
" 8. It is further submitted that the tender
notification and Standard Bid Document (KW-4) issued
by Respondent No.2 on 07.03.2025 prescribes the
eligibility criteria requiring execution of "similar works"
and do not restrict eligibility, exclusively to contractors
having prior experience in executing isolated or stand
alone bridge works. In technical and contractual
interpretation, the term "similar work" encompasses
works of comparable scope, nature and complexity,
which in the present case includes:
i) Culvert Construction(including multi-vent RCC
box culverts),
ii) Cross drainage structures,
iii) Approach road formation,
iv) Road construction and allied works.
Therefore, the requirement of "similar work" is
broad and inclusive, covering not only the bridge/culvert
components but also associated infrastructure elements
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WP No. 29075 of 2025
CNR: KAHC010630882025
such as approach roads, CD works, and roadway
development on either side of the structure.
9. The contention of the petitioner that the
tender mandates exclusive prior experience in
standalone bridge construction is therefore
misconceived and contrary to the express terms of the
tender document. The petitioner has failed to appreciate
that bridge or culvert construction, in practical
engineering execution, is inseparably linked with
approach roads, drainage arrangements, and associated
roadway works, forming a unified project package."
5. It is therefore contended that respondent No.3 had
the qualifications as provided in the tender document. It is
further submitted that the construction of the bridge is
complete and that the bridge has been in use at least for six
months.
6. Having considered the contentions advanced and in
view of the submissions made in the statement of objections
and in view of the fact that the construction of the bridge which
was the major component of the work is now complete, we are
of the opinion that the prayers as sought for in this writ petition
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WP No. 29075 of 2025
CNR: KAHC010630882025
cannot be granted. The writ petition fails and the same is
dismissed
accordingly .
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(K.S.BHARATH KUMAR)
JUDGE
RAK
List No.: 1 Sl No.: 10