01Facts
The petitioner, a resident of Yadgir, challenged the Public Works Department’s award of a contract to Respondent No. 3 for construction of a bridge and approach road in Yadgir Taluk.
He contended that the tender required prior completion of a similar work worth at least ₹333.19 lakhs and that Respondent No. 3 did not meet that requirement.
pp. 4–5 · ¶ 3The State and the Department maintained that “similar works” included culverts, cross-drainage structures, approach roads, and related road works, and that the tender did not require prior experience limited to standalone bridges.
pp. 5–6 · ¶ 4They also submitted that the bridge had been completed and had been in use for at least six months.
p. 6 · ¶ 5The petitioner sought quashing of the work order and a fresh tender.
pp. 3–4 · ¶ 102Issues
i.1. Whether the award of the contract to Respondent No. 3 was liable to be quashed for failure to satisfy the tender’s experience requirement for “similar works”
pp. 4–6 · ¶ 3–4ii.2. Whether the Court should direct the Department to invite a fresh tender for the work
pp. 3–4 · ¶ 103Law Applied
The petition invoked the High Court’s jurisdiction under Articles 226 and 227 of the Constitution.
p. 3The tender criterion required the tenderer to have satisfactorily completed, as prime contractor, at least one similar work of a value not less than ₹333.19 lakhs within the preceding five years.
p. 4 · ¶ 3The State and the Department interpreted “similar works” broadly to include culvert and cross-drainage construction, approach-road formation, road construction, and allied works.
pp. 5–6 · ¶ 404Reasoning
The Court considered the petitioner’s challenge alongside the respondents’ explanation that the tender did not confine qualifying experience to standalone bridge construction.
p. 6 · ¶ 4It also took account of the respondents’ submission that the bridge—the major component of the project—had been completed and was in use. On those submissions and the completed state of the work, the Court concluded that the requested relief could not be granted.
p. 6 · ¶ 4–6The judgment did not separately determine whether Respondent No. 3’s experience met the tender criterion.
05Holding
The Court dismissed the writ petition.
p. 7 · ¶ 6The Court refused to quash the work order or direct a fresh tender.
p. 7 · ¶ 6Original Court PDF
SRI. SHARANAPPA GOUDAvsTHE STATE OF KARNATKAA
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