High Court of Karnataka Quashes Corrigendum Tender Notification in Food Supply Contract Dispute — Clause 4(C) Held Arbitrary and Unreasonable. Writ Petition Allowed as Corrigendum Imposed Unfair Condition Restricting Bidders Without Justification.

High Court: Karnataka High Court Bench: DHARWAD In Favour of Accused
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Case Note & Summary

The petitioner, Rachappa S. Mannagi, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad, challenging a corrigendum tender notification issued by the Karnataka State Food and Civil Supplies Corporation Limited (2nd respondent). The corrigendum, bearing No. KFCSC/PROC/MSP/H&T/01/2025-26/1261 dated 10/10/2025, specifically clause 4(C), was alleged to be arbitrary and unreasonable. The petitioner sought quashing of the clause and a direction to the respondents to proceed with the tender without the impugned condition. The court, after hearing the counsel for the petitioner and the respondents, found that the condition imposed by clause 4(C) was arbitrary and lacked any rational basis, thereby violating the principles of fair competition in public procurement. The court allowed the writ petition, quashing the corrigendum to the extent of clause 4(C), and directed the respondents to proceed with the tender process in accordance with law, without the impugned condition.

Headnote

A) Constitutional Law - Judicial Review of Tender Conditions - Arbitrariness - Clause 4(C) of Corrigendum Tender Notification - The petitioner challenged clause 4(C) of the corrigendum dated 10/10/2025 issued by the Karnataka State Food and Civil Supplies Corporation Limited, which imposed a condition restricting bidders. The court held that the condition was arbitrary and unreasonable, as it lacked any rational basis and was contrary to the principles of fair competition in public procurement. The court quashed the clause, directing the respondents to proceed with the tender without the impugned condition. (Paras 1-3)

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Issue of Consideration

Whether the corrigendum tender notification, specifically clause 4(C), issued by the 2nd respondent is arbitrary and liable to be quashed.

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Final Decision

Writ petition allowed. The corrigendum tender notification bearing No. KFCSC/PROC/MSP/H&T/01/2025-26/1261 dated 10/10/2025, specifically clause 4(C), is quashed. The respondents are directed to proceed with the tender process in accordance with law, without the impugned clause.

Law Points

  • Arbitrariness in tender conditions
  • Judicial review of tender notifications
  • Reasonableness in public procurement
  • Mandamus for quashing arbitrary clauses
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Case Details

2025 LawText (KAR) (12) 16

WP No. 107763 of 2025 (GM-TEN)

2025-12-08

M. Nagaprasanna

Sachin C. Angadi (for petitioner), T. Hanumareddy (AGA for respondents)

Rachappa S. Mannagi

The State of Karnataka, Department of Food, Civil Supplies and Consumer Affairs Department, Karnataka; Karnataka State Food and Civil Supplies Corporation Limited

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Nature of Litigation

Writ petition challenging a corrigendum tender notification clause as arbitrary.

Remedy Sought

Quashing of clause 4(C) of the corrigendum tender notification and direction to proceed without it.

Filing Reason

The petitioner found clause 4(C) of the corrigendum to be arbitrary and unreasonable.

Issues

Whether clause 4(C) of the corrigendum tender notification is arbitrary and liable to be quashed.

Submissions/Arguments

Petitioner argued that clause 4(C) is arbitrary and unreasonable. Respondents defended the clause as necessary for the tender process.

Ratio Decidendi

A condition in a tender notification that is arbitrary and lacks rational basis is liable to be quashed under judicial review, as it violates principles of fair competition in public procurement.

Judgment Excerpts

The petitioner is before this Court seeking the following prayers... The court held that the condition was arbitrary and unreasonable...

Procedural History

The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad on an unspecified date. The petition came up for orders on 08/12/2025, and the court passed the oral order.

Acts & Sections

  • Constitution of India: Articles 226, 227
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High Court High Court of Karnataka Quashes Corrigendum Tender Notification in Food Supply Contract Dispute — Clause 4(C) Held Arbitrary and Unreasonable. Writ Petition Allowed as Corrigendum Imposed Unfair Condition Restricting Bidders Without Justification.
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