(Prayer: This Writ Petition is filed under Articles 226 of the Constitution of India, praying to, a) declaring the action of respondents in unlawfully and illegally rejecting the tender/bid of the petitioner (Bid No. Dhfws/2025-26/Ind1941) on 31-01-2026 (Annexure -H) in respect of tender mo Dhfws/2025-2026 dated 17-11-2025 floated by Respondent No.4 herein for supply of spectacles under for School Children Spects - Racihur District, without assigning any reasons as being arbitrary, illegal and unconstitutional, apart from being in violation of Principles of Natural Justice and in contravention of the law laid down by the Honourable Supreme Court and set aside the same and. b) issue a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents to re-consider the bid of the petitioner in accordance with law. c) pass any other appropriate order, writ, or direction as this Hon'ble Court may deem fit under circumstances of the case.)

Oral Order

1. This writ petition under Article 226 of the Constitution of India is filed seeking for the following reliefs:

          (a) Declaring the action of respondents in unlawfully and illegally rejecting the render/bid of the petitioner (Bid No.DHFWS/2025-26/IND 1941) on 31.01.2026 (Annexure-H), in respect of tender No.DHFWS/2025-26 dated 17.11.2025 floated by Respondent No.4 herein for supply of "spectacles under for School Children Spects-Raichur district, without assigning any reasons as being arbitrary, illegal and unconditional, apart from being in violation of principles of natural justice and in contravention of the law laid down by the Hon'ble Supreme Court and set aside the same and;

          (b) Issue a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents to re-consider the bid of the petitioner in accordance with law;

          (c) Pass any other appropriate order, writ or direction as this Hon'ble Court may deem fit under the circumstances of the case, in the interest of justice and equity.

2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents.

3. Perusal of the material on record would go to show that, the petitioner has already filed an appeal as provided under Section 16 of the Karnataka Transparency in Public Procurement Act, 1999, before the competent appellate authority.

4. Learned Additional Government Advocate has produced certain documents today before this Court and perusal of the same would go to show that, notice has been issued to the petitioner to appear before the appellate authority. Learned Additional Government Advocate submits that, the petitioner has not been participating in the appeal proceedings and adjournment is being sought on the ground that, the writ petition is pending before this Court. It appears that, since the petitioner had not participated before the appellate authority, his appeal has been now closed and accordingly, endorsement is issued on 12.03.2026.

5. Since the petitioner has already approached the appellate authority prior to filing of this writ petition, the relief sought for by him in this writ petition cannot be granted. If the appellate authority is directed to consider the appeal on merits and dispose of the same in accordance with law, ends of justice would be served.

6. Accordingly, the following:

ORDER

          (i) The writ petition is disposed of directing the appellant authority/Chief Executive Officer of Zilla Panchayat to consider the appeal filed by the petitioner invoking Section 16 of the Karnataka Transparency in Public Procurement Act, 1999, notwithstanding that the appeal was closed for the reason that, the petitioner had not appeared before the appellate authority;

          (ii) The order dated 12.03.2026 passed by the appellate authority disposing of/closing the appeal filed by the appellant for his non-participation is formally set aside, so as to enable the appellate authority to reconsider the appeal of the petitioner;

          (iii) All contentions urged on merits are kept open.