High Court of Karnataka Quashes Tender Notification in Government Contract Dispute — Violation of Natural Justice and Existing Work Order. Petitioner's Right to Execute Work Under Prior Work Order Upheld Against Fresh Tender for Same Work.

High Court: Karnataka High Court Bench: DHARWAD In Favour of Accused

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2026-05-18 16:34:56

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Case Note & Summary

The petitioner, a government class I contractor, was issued a work order on 27.05.2025 by respondent No.5 for execution of a work. However, on 09.09.2025, respondent No.5 issued a fresh tender notification (NIT) for the same work, without cancelling the earlier work order or affording the petitioner any opportunity of hearing. The petitioner challenged the tender notification by way of a writ petition under Article 227 of the Constitution of India, seeking quashing of the tender notification and a mandamus to permit execution of the work as per the earlier work order. The court heard both sides. The petitioner's counsel argued that the tender notification was arbitrary and violative of natural justice. The respondents' counsel opposed the petition. The court found that the tender notification was issued without cancelling the earlier work order and without hearing the petitioner, which was unsustainable. The court quashed the tender notification and directed the respondents to permit the petitioner to execute the work in terms of the work order dated 27.05.2025.

Headnote

A) Administrative Law - Natural Justice - Legitimate Expectation - Tender - Work Order - The petitioner was issued a work order on 27.05.2025 for execution of a work. Subsequently, the respondents issued a fresh tender notification on 09.09.2025 for the same work without cancelling the earlier work order or hearing the petitioner. Held that the tender notification is unsustainable as it violates principles of natural justice and the petitioner's legitimate expectation. (Paras 1-4)

B) Contract Law - Government Contracts - Estoppel - Once a work order is issued and the petitioner has acted upon it, the respondents cannot unilaterally resile and invite fresh tenders for the same work without due process. (Paras 3-4)

Issue of Consideration

Whether the respondents could issue a fresh tender notification for the same work after issuing a work order to the petitioner, without affording the petitioner an opportunity of hearing.

Final Decision

The writ petition is allowed. The impugned tender notification dated 09.09.2025 bearing Tender No. RDPR/2025-26/OW/WORK-INDENT 18560 issued by respondent No.5 is quashed. The respondents are directed to permit the petitioner to execute the work in terms of the work order dated 27.05.2025 bearing No. KAA NI IM/GRA KU-NEE AND NAI/VI HA/PB-1/2025-26/311.

Law Points

Natural justice
legitimate expectation
estoppel
tender law
government contracts
Article 227

Case Details

2025 LawText (KAR) (11) 52

WP No. 106890 of 2025 (GM-TEN)

2025-11-18

M. Nagaprasanna

Sri. Shivaraj S. Balloli for petitioner, Sri. T. Hanumareddy for respondents

Gopi Gollar S/o. Thimmappa

The Government of Karnataka, Department of Rural Development and Panchayat Raj Department, and others

Nature of Litigation

Writ petition challenging a tender notification and seeking enforcement of a prior work order.

Remedy Sought

Quashing of tender notification dated 09.09.2025 and direction to respondents to permit petitioner to execute work as per work order dated 27.05.2025.

Filing Reason

Respondents issued a fresh tender notification for the same work after issuing a work order to the petitioner, without cancelling the earlier work order or hearing the petitioner.

Issues

Whether the respondents could issue a fresh tender notification for the same work after issuing a work order to the petitioner, without affording the petitioner an opportunity of hearing.

Submissions/Arguments

Petitioner: The tender notification is arbitrary and violative of natural justice as it was issued without cancelling the earlier work order and without hearing the petitioner. Respondents: Opposed the petition.

Ratio Decidendi

A tender notification issued for the same work covered by an existing work order, without cancelling the earlier work order or affording the contractor an opportunity of hearing, is unsustainable and violative of principles of natural justice and legitimate expectation.

Judgment Excerpts

The petitioner is before this Court calling in question the notice inviting tender (NIT) dated 09.09.2025 issued by respondent No.5 and seeks a consequential mandamus directing the respondents to permit the petitioner to execute the work in terms of the work order dated 27.05.2025. The impugned tender notification is quashed. The respondents are directed to permit the petitioner to execute the work in terms of the work order dated 27.05.2025.

Procedural History

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging the tender notification dated 09.09.2025 and seeking enforcement of the work order dated 27.05.2025. The petition came up for preliminary hearing and was disposed of on 18.11.2025.