Karnataka High Court Sri V Lakshmikanth vs State Of Karnataka on 3 February, 2022 DATED THIS THE 03RD DAY OF FEBRUARY, 2022 PRESENT THE HON'BLE MRS. JUSTICE S. SUJATHA AND THE HON'BLE MR. JUSTICE RAVI V. HOSMANI W.A.No.981/2021(GMTEN) BETWEEN: SRI V. LAKSHMIKANTH S/O LATE VENKATASWAMY AGED 51 YEARS, 2ND MAIN ROAD SUBRAMANYA NAGAR TURUVEKERE TOWN TUMAKURU, KARNATAKA 572 227 . ...APPELLANT [BY SRI. P.P. HEGDE, SENIOR ADVOCATE A/W SRI. SRINIVASA S.B., ADVOCATE (VC)] AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS M S BUILDING, BENGALURU 560 001. 2. THE GENERAL MANAGER FOOD CORPORATION OF INDIA REGIONAL OFFICE NO.10, EAST END MAIN ROAD, 4TH T BLOCK, JAYANAGAR BENGALURU 560 041. 2 3. THE CHAIRMAN GRIEVANCE REDRESSAL COMMITTEE FOOD CORPORATION OF INDIA ZONAL OFFICE, NO.3, HADDOWS ROAD, CHENNAI 600 006. 4. THE TENDER ACCEPTING COMMITTEE IN THE OFFICE OF THE COMMISSIONER FOOD AND CIVIL SUPPLY CUNNIGHAM ROAD SAHAKARA NAGAR BANGALORE 560 001. 5. THE DISTRICT COMMISSIONER AND PRESIDENT OF TENDER ACCEPTING COMMITTEE SHIMOGHA 577 201. 6. THE JOINT DIRECTOR DEPARTMENT OF FOOD AND CIVIL SUPPLY SHIMOGHA 577 201. 7. SRI B. PARASURAMA S/O LATE BASAVANAPPA M/S B.S. TRANSPORT WARD NO.12, JOSEPH NAGAR BEHIND CHURCH, SAGAR SHIMOGA 577 401. ...RESPONDENTS [BY SMT.K.R.ROOPA, HCGP FOR R1, R4 TO R6 (PH); SRI. B.L.SANJEEV, ADVOCATE FOR R2 & R3 (VC); SRI. ABHISHEK PATIL, ADVOCATE FOR SRI. SHIVAPRASAD SHANTANAGOWDAR, ADVOCATE FOR C/R7 (VC)] THIS WA IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN W.P.NO.3809/2020 (GMTEN), SET ASIDE THE ORDER DATED 08.09.2021 IN W.P.NO.3809/2020 (GMTEN) TO THE EXTENT OF REJECTION OF PRAYER OF THE APPELLANT, WRIT PETITION BE ALLOWED AS PRAYED FOR TO MEET THE ENDS OF JUSTICE AND ETC., 3 THIS APPEAL COMING ON FOR FINAL DISPOSAL THIS DAY, RAVI V. HOSMANI J., DELIVERED THE FOLLOWING: JUDGMENT Challenging judgment dt. 08.09.2021 passed by learned Single Judge in WP No.3809/2020 granting partial relief to petitioner appellant herein, this appeal is filed. 2. Appellant was petitioner, while respondents no.1 to 7 herein were respondents no.1 to 7 respectively, in the writ petition. For sake of convenience, they shall hereinafter be referred to as per their ranks in writ petition. 3. Petitioner filed W.P.No.3809/2020 seeking for following reliefs: "1. Issue a writ a Certiorari, quashing the impugned proceeding headed by the th chairmanship of the 5 respondent vide AnnexureQ dated 27.01.2020. 2. Issue a writ of Certiorari, quashing the impugned order dated 30.01.2019 bearing No.S & C /13(13) HTCDVNGR/CONT/2018 passed by the 2nd respondent vide AnnexureC. 3. Issue a writ of mandamus or any other writ directing the respondent Committee to settle the claim made by the petitioner vide letter dated 12.02.2019 a copy of which is produced at AnnexureE as expeditiously as possible and 4 in the meantime direct the 4th and 5th respondent to consider his tender application in respect of Sorabha and Sagara Taluk a copy of which is produced at AnnexureJ in the ends of justice. 4. Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case". 4. In the writ petition, it was stated that petitioner was carrying on business of transportation of food grains from KFCSC TAPMCS/ other wholesale nominee godowns to fair price depots. Respondent no.2 issued tender notification dated 20.11.2018, for loading/unloading/handling and transportation of food grains and allied materials in and around Goodshed/Railhead AVC and Davanagere Depot (PWS). Description of work was as follows: "Loading/Unloading/Handling and Transport Contract at rail head/goods shed, Amaravathi Colony (AVC) and Davangere PWS (Private Warehousing Sc