Allowed¶34

M/S Gangothri Consumer v. the Deputy Commissioner

Karnataka HC13 Jan 2025WP/17099/2021

Case brief

AI extract

What is this about?

Tender Scrutiny Committee observation quashed qua petitioner; eligibility/experience objection (no experience of supplying vegetables and groceries; expertise only in food preparation) rejected; e-tender for supply of Groceries and Vegetables to Post and Pre-Metric Hostels, Mulabagilu and Kolar Taluks, 2020-21; Deputy Commissioner, Kolar; Notification No.DBSDKO/VANISHA/ AHARA/C.R-02/2021 dated 07.05.2020; writ of certiorari under Articles 226 and 227; petition allowed; tender noted to have 'spent itself'; Annexure-B impugned; petitioner's affidavit and Annexure-E series considered; consumer co-operative society; Kolar district; GM-TEN.

What did the court decide?

Writ of Certiorari ordered; the proceedings of the Tender Scrutiny Committee dated 26.08.2020, as far as the petitioner is concerned, quashed. ¶34

M/S Gangothri Consumer Vs the Deputy Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ of Certiorari ordered; the proceedings of the Tender Scrutiny Committee dated 26.08.2020, as far as the petitioner is concerned, quashed.

¶34

Issue for consideration

Whether the observation made by the Tender Scrutiny Committee that the petitioner has no experience of supplying vegetables and groceries and has expertise only in preparation of food was liable to be quashed as far as the petitioner is concerned.

¶31

Court's answer

On the affidavit and Annexure-E series filed by the petitioner, a perusal of the writ papers reflects that the petitioner appears to have supplied vegetables and groceries.

¶33

Ratio / Principle

Food will be prepared only after purchase of vegetables and groceries.

¶33

Key takeaways

Accordingly, the observation made by the Tender Scrutiny Committee as far as the petitioner is concerned is liable to be quashed and is quashed.ratio¶33
The Writ of Certiorari is ordered and the proceedings of the Tender Scrutiny Committee dated 26.08.2020, as far as the petitioner is concerned, stand quashed.ratio¶34

Detailed headnote1 paragraphs

High Court of Karnataka (single judge, Ms. Justice Jyoti Mulimani) allowed Writ Petition No. 17099 of 2021 (GM-TEN) filed by M/s. Gangothri Consumer Co-operative Society Ltd. seeking a writ of certiorari under Articles 226 and 227 of the Constitution against the proceedings of the Tender Scrutiny Committee dated 26.08.2020 (Annexure-B), whereby the Committee had observed that the petitioner had no experience of supplying vegetables and groceries and had expertise only in preparation of food, in the e-tender (Notification No.DBSDKO/VANISHA/ AHARA/C.R-02/2021 dated 07.05.2020) issued by the Deputy Commissioner for supply of Groceries and Vegetables to the Post and Pre-Metric Hostels at Mulabagilu and Kolar Taluks for the year 2020-21. Noting that, as of the hearing, the tender had spent itself, the Court held, on the petitioner's affidavit and Annexure-E series, that the writ papers reflected that the petitioner appeared to have supplied vegetables and groceries, and that food will be prepared only after purchase of vegetables and groceries; consequently, the Committee's observation qua the petitioner was quashed and the writ of certiorari was ordered.

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NC: 2025:KHC:1197 WP No. 17099 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 17099 OF 2021 (GM-TEN)

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BETWEEN:

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M/S. GANGOTHRI CONSUMER CO-OPERATIVE SOCIETY LTD., HAVING OFFICE AT MARUTHI COLONY, MALUR TALUK, KOLAR DISTRICT, REPRESENTED BY SECRETARY. SRI. SUBRAMANI.H.,

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…PETITIONER

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(BY SRI. PRASHANTH.P.N., ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, DEPARTMENT OF BACKWARD CLASS AND SOCIAL WELFARE, OPPOSITE TO ETCM HOSPITAL, BANGALORE ROAD, KUMBARPET, KOLAR-560 101.

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Digitally signed by THEJASKUMAR N Location: High Court of Karnataka

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THE CHIEF ACCOUNTS OFFICER, ZILLA PANCHAYATH, KOLAR DISTRICT-560 101.

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THE DEPUTY DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, KOLAR DISTRICT-560 101.

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THE ASSISTANT COMMISSIONER, DEPARTMENT OF TAX AND COMMERCE, KOLAR DIVISION, KOLAR-560 101.

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NC: 2025:KHC:1197 WP No. 17099 of 2021

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THE SECRETARY, APMC, KOLAR DISTRICT-560 101.

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 4; R5-SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Prashanth.P.N., counsel for the petitioner and Sri.Mahantesh Shettar., AGA for respondents 1 to 4 have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned proceedings of the Tender Scrutiny Committee dated 26.08.2020 constituted to process the bids of the Tenderer in E-Tender issued by the Deputy Commissioner vide Notification bearing No.DBSDKO/VANISHA/ AHARA/C.R-02/2021 dated 07.05.2020 for supply of Groceries and Vegetables to the Post and Pre-Metric Hostels situated at Mulabagilu and Kolar Taluks for the year 2020-21 as far as the petitioner Society is concerned vide Annexure-B.

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NC: 2025:KHC:1197 WP No. 17099 of 2021

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Heard the arguments and perused the Writ papers

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with care.

¶31

Suffice it to note that as of today, the Tender has spent itself. However, as far as the petitioner is concerned, certain observations are made that the petitioner has no experience of supplying vegetables and groceries and expertise only in preparation of food.

¶32

It is contended that the petitioner has experience in supply of vegetables and groceries. To substantiate the said contention, the petitioner has filed an affidavit and also furnished Annexure-E series.

¶33

A perusal of the Writ papers reflects that the petitioner appears to have supplied vegetables and groceries. Needless to say that food will be prepared only after purchase of vegetables and groceries. Hence, the observation made by the Tender Scrutiny Committee as far as the petitioner is liable to be quashed and so it is quashed.

¶34

The Writ of Certiorari is ordered. The proceedings of the Tender Scrutiny Committee dated 26.08.2020 as far as the petitioner is concerned is quashed.

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NC: 2025:KHC:1197 WP No. 17099 of 2021

¶37

Resultantly, the Writ Petition is allowed .

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 1 Sl No.: 23

M/S Gangothri Consumer v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

M/S Gangothri Consumer v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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