Karnataka High Court

WP/35087/2025 of PML PESTMAN PRIVATE LIMITED Vs THE MANAGING DIRECTOR on 28 September 2026

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CNR: KAHC010750892025 NC: 2026:KHC:53673 WP No. 35087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 35087 OF 2025 (GM-TEN) BETWEEN: 1. PML PESTMAN PRIVATE LIMITED A COMPANY

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 35087 OF 2025 (GM-TEN)

BETWEEN:

1.

PML PESTMAN PRIVATE LIMITED

A COMPANY REGISTERED UNDER

THE PROVISIONS OF COMPANIES ACT, 2013

NO.491, 16TH CROSS, JAKKUR LAYOUT,

GKVK POST, BENGALURU,

KARNATAKA-560064

REPRESENTED BY ITS MANAGING DIRECTOR

PRADEEP GOWDA,

S/O. GOVINDA GOWDA S.,

AGED 45 YEARS, R/AT NO.6,

SRINIVASA NILAYA, 3RD MAIN

2ND CROSS, AMRUTH NAGAR A SECTOR,

SAHAKARA NAGAR POST,

BENGALURU 560 092

…PETITIONER

(BY SRI. PRASANNA V R.,ADVOCATE)

AND:

1.

THE MANAGING DIRECTOR

SHIVAMOGGA, DAVANAGERE AND

CHITRADURGA DISTRICT

CO-OPERATIVE MILK PRODUCERS

SOCIETIES UNION LIMITED

MACHENAHALLI, NIDIGE POST,

SHIVAMOGGA-577222

REGISTERED UNDER KCS ACT , 1959

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2.

SHIVAMOGGA, DAVANAGERE AND

CHITRADURGA DISTRICT CO-OPERATIVE

MILK PRODUCERS SOCIETIES

UNION LIMITED

MACHENAHALLI, NIDIGE POST,

SHIVAMOGGA-577222

REPRESENTED BY ITS CHAIRMAN

REGISTERED UNDER KCS ACT , 1959

3.

KARNATAKA CO-OPERATIVE

MILK PRODUCERS FEDERATION LIMITED

REPRESENTED BY ITS MANAGING DIRECTOR

KMF COMPLEX, DR.M.H.MARIGOWDA ROAD,

BANGALORE-560029

REGISTERED UNDER KCS ACT , 1959

4.

PESCON PEST CONTROL SERVICES,

REP. BY ITS PROPRIETOR,

SANTHOSH BUDYAPPA MULIMANI,

RASHMI ARCADE, OPP. LAKSHMI THEATRE,

JAIL ROAD, SHIVAMOGGA-577 201.

…RESPONDENTS

(BY SRI. DAYANAND S PATIL.,ADVOCATE FOR R1 TO R3

SRI. SHIVANAND D S, ADVOCATE FOR R4)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2

TO CONSIDER THE APPEAL FILED BY THE PETITIONER

CHALLENGING THE ACCEPTANCE OF TENDER OF THE R4 BY

REJECTING THE TENDER OFFERED BY THE PETITIONER TRUE

COPY OF THE ACKNOWLEDGEMENT FOR HAVING FILED THE

APPEAL DOWNLOADED FROM THE OFFICIAL WEBSITE OF

KARNATAKA E-PROCUREMENT PORTAL IS PRODUCED AT

ANNX-A AND A1 RESPECTIVELY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

HC-KAR

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

The present writ petition is filed seeking for the following reliefs: " (i) Issue a Writ of mandamus, directing the Respondent No.1 and 2 to consider the Appeal filed by the Petitioner challenging the acceptance of Tender of the Respondent No.4 by rejecting the Tender offered by the Petitioner, true copy of the acknowledgement for having filed the appeal, downloaded from the official website of Karnataka e-procurement portal is produced at Annexure-A and A-1 respectively.

(ii) Issue any other writ or direction to meet the ends of justice"

2. The factual matrix in a nutshell is that the petitioner preferred an appeal under Section 16 of the Karnataka Conspiracy In Public Procurements Act, 1999, assailing the award of the tender pursuant to the tender Notification dated 14.07.2025. The said appeal is stated to have been filed on 05.10.2025. The acknowledgment for filing the appeal is produced as Annexure A to the writ petition. A copy of the memorandum of appeal is also produced as Annexure A1 to the writ petition.

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3. Learned counsel for the respondents in furtherance of the contentions put forth in the statement of objection submits that the appeal is to be filed before respondent No.3. However, in the appeal (Annexure A1 to the writ petition), it is mentioned as respondent No.2.

4. It is pertinent to note that the appeal is to be preferred online on the website - ctbs:kppp.karnataka.gov.in/bid/appeal. The petitioner having filed the appeal at the mandated portal as stipulated by the State Government, the said appeal is required to be adjudicated in accordance with law. No doubt, there is some error in the petitioner adequately describing the party.

5. However, having regard to the fact that the appeal is filed by the petitioner in furtherance of a statutory stipulation, the respondent No.3 is directed to consider the appeal filed by the petitioner as is forthcoming from the acknowledgment - Annexure A to

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the writ petition, within a period of 4 weeks from the date of receipt of a copy of this order. The Respondent No.3 shall notify the date of hearing of appeal to the petitioner before conducting further proceedings in accordance with law.

6. The writ petition is disposed of in the aforementioned terms.

7. Pending IAs., if any, also stand disposed of.

(C.M. POONACHA) JUDGE

Vmb List No.: 1 Sl No.: 56

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