Karnataka High Court
Hanuman Enterprises vs The State Of Karnataka on 1 April, 2026
-1-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.8524 OF 2026 (GM-TEN)
C/W
WRIT PETITION NO.8667 OF 2026 (GM-TEN)
WRIT PETITION NO.8670 OF 2026 (GM-TEN)
WRIT PETITION NO.8672 OF 2026 (GM-TEN)
IN WP NO.8524/2026
BETWEEN:
M/S P GOPINATHA REDDY
(A PROPRIETORSHIP CONCERN)
HAVING ITS REGISTERED OFFICE AT
NO.6, BEHIND SANDHYA THEATRE
OLD MADIWALA, BENGALURU - 560068
REPRESENTED BY ITS PROPRIETRIX
Digitally signed SMT.P KAVITHA
by CHAITHRA A
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA
(BY SRI. PRASANNA KUMAR P, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
424, 4TH FLOOR, VIKAS SOUDHA
BENGALURU - 560001
-2-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
2. BENGALURU SOLID WASTE MANAGEMENT LTD.,
REPRESENTED BY ITS CHAIRMAN
1 & 2ND FLOOR, UNI BUILDING
TANK BUND AREA, VASANTH NAGAR
BENGALURU - 560052
3. THE CHIEF EXECUTIVE OFFICER, BSWML
1ST FLOOR, UNI BUILDING
TANK BUND AREA, VASANTH NAGAR
BENGALURU - 560052
4. THE CHIEF GENERAL MANAGER, BSWML
1ST FLOOR, UNI BUILDING
TANK BUND AREA, VASANTH NAGAR
BENGALURU - 560052
5. THE DEPUTY GENERAL MANAGER - 1, BSWML
1ST FLOOR, UNI BUILDING
TANK BUND AREA, VASANTH NAGAR
BENGALURU - 560052
...RESPONDENTS
(BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL
A/W SMT.NAVYA SHEKHAR, AGA FOR R.1;
SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RELEVANT RECORDS AND ISSUE A WRIT OF CERTIORARI TO
QUASH THE ORDER DATED 05.03.2026 PASSED BY THE
APPELLATE AUTHORITY UNDER THE KTTP ACT PRODUCED
HEREWITH AT ANNEXURE- B IN SO FAR AS THE ORDER OF THE
APPELLATE AUTHORITY IN PROCEEDING TO CALL FOR A FRESH
TENDER AND CONSEQUENTIALLY ISSUE A WRIT OF CERTIORARI
TO QUASH THE TENDER NOTIFICATION BEARING NO.DGM-
-3-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
1/BSWWL/TEND/22/25-26 DATED 10.03.2026 ISSUED BY THE 5TH
RESPONDENT PRODUCED HEREWITH AT ANNEXURE-A AND ETC.
IN WP NO.8667/2026
BETWEEN:
SRI.VENKATESWARA ENTERPRISES
REPRESENTED BY ITS PROPRIETOR
SRI.RAMU V ALIAS RAMU VENKATESHAPPA
AGED ABOUT 40 YEARS
C/O VENKATESHAPPA
HAVING ITS REGISTERED OFFICE AT
NO.864, 19TH MAIN, 4TH STAGE
BEML LAYOUT, R.R NAGAR
BENGALURU - 560 098.
...PETITIONER
(BY SRI.D.R.RAVISHANKAR, SENIOR COUNSEL FOR
SMT.KEERTHI KRISHNA REDDY AND SRI.MAYUR D. BHANU,
ADVOCATES)
AND:
1. STATE OF KARNATAKA
REP BY ADDITIONAL CHIEF SECRETARY
SHOWN AS APPELLATE AUTHORITY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU 560 001
2. BENGALURU SOLID WASTE MANAGEMENT LIMITED
REP BY ITS MANAGING DIRECTOR
HAVING REGISTERED OFFICE AT UNI BUILDING
VASANTH NAGAR
BENGALURU - 560 052
-4-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
3. CHIEF EXECUTIVE OFFICER
BENGALURU SOLID WASTE MANAGEMENT LIMITED
UNI BUILDING, VASANATHNAGAR
BENGALURU - 560 052
4. CHIEF GENERAL MANAGER
BENGALURU SOLID WASTE MANAGEMENT LIMITED
UNI BUILDING
VASANATHNAGAR
BENGALURU - 560 052
5. NAGESH R
PROPRIETOR
M/S NKS ENTERPRISES
NO.02, SUMANANDA NILAYA
5TH CROSS, BATARAHALLI, RIFCO
SHANTINIKETAN LAYOUT
BENGALURU - 560 076
6. SRI.MANJUNATH K.M
PROPRIETOR
M/S MANJUNATH ENTERPRISES
NO.106, KYALASANAHALLI
KHOTTU POST, K.R PURAM HOBLI
BENGALURU - 560 077
...RESPONDENTS
(BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL
A/W SMT.NAVYA SHEKHAR, AGA FOR R.1;
SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND ISSUE A WRIT IN THE NATURE OF
CERTIORARI AND QUASH THE IMPUGNED ORDER DATED
04.03.2026 PASSED BY RESPONDENT NO.1 ON THE APPEAL
FILED BY RESPONDENT NOS.5 AND 6 IN RESPECT OF
-5-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
TENDER NO.DGM-1/BSWML/TEND/08/2025-26 DATED
30.07.2025, INDENT NO.BSWML/2025-2026/SE0081/CALL-2,
PERTAINING TO THE WORK OF PRIMARY COLLECTION AND
SECONDARY TRANSPORTATION OF MUNICIPAL SOLID WASTE
(MSW) AND STREET SWEEPING WASTE IN KR PURAM-01
DIVISION (PACKAGE-26) CALL-2 AT ANNEXURE-A AND ETC.
IN WP NO.8670/2026
BETWEEN:
SRI.PRABHAKAR K
AGED ABOUT 45 YEARS
SON OF KRISHNAPPA M
RESIDING AT 359/19
1ST MAIN ROAD, 1ST CROSS
SHABARINAGAR, BYATARAYANAPURA
SAHAKARANAGAR
BENGALURU - 560092
...PETITIONER
(BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR
SMT.KEERTHI KRISHNA REDDY AND SRI.MAYUR D. BHANU,
ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
REP BY ADDITIONAL CHIEF SECRETARY
AND ALSO AN APPELLATE AUTHORITY
2. BENGALURU SOLID WASTE MANAGEMENT LIMITED
HAVING OFFICE AT UNI BUILDING
VASANATH NAGAR
BENGALURU - 560 052
-6-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
REP BY ITS
MANAGING DIRECTOR
3. CHIEF EXECUTIVE OFFICER
BENGALURU SOLID WASTE MANAGEMENT LIMITED
UNI BUILDING
VASANATH NAGAR
BENGALURU - 560 052
4. CHIEF GENERAL MANAGER
BENGALURU SOLID WASTE MANAGEMENT LIMITED
UNI BUILDING
VASANATH NAGAR
BENGALURU - 560 052
5. SHRI.ANCHI LINGAPPA SATHISH KUMAR
M/S SPT ENTERPRISES
NO.41, K H ROAD (DOUBLE ROAD)
BENGALURU 560 027
6. SRI.ERRA GUNDLA RAMACHANDRA REDDY
SANTHOSH
M/S SSRP AGENCY
NO.391, 5TH MAIN, 1ST CROSS
SADANANDA NAGAR
BENGALURU - 560 038
7. SRI.CHETAN PRITHVIRAJ BORA
M/S WATERGRACE PRODUCTS
NEAR KANNAMWAR BRIDGE
MUMBAI, AGARA ROAD
DWARAKA
NASHIK - 420 01
8. SOMAREDDY
SRI.VINAYAKA ENTERPRISES
NO.3C-309, 3RD MAIN ROAD
3RD CROSS, SHANTHI SAGAR
-7-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
HOTEL CROSS
KALYAN NAGAR
BENGALURU - 560084
...RESPONDENTS
(BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL
A/W SMT.NAVYA SHEKHAR, AGA FOR R.1;
SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND ISSUE A WRIT IN THE NATURE OF
CERTIORARI AND QUASH THE IMPUGNED ORDER DATED
04.03.2026 PASSED BY RESPONDENT NO.1 ON THE APPEAL
FILED BY RESPONDENT NOS.5 TO 8 IN RESPECT OF TENDER
NO.DGM-1/BSWML/TEND/08/2025-26 DATED 30.07.2025,
INDENT NO.BSWML/2025-2026/SE0058/CALL-2, PERTAINING TO
THE WORK OF PRIMARY COLLECTION AND SECONDARY
TRANSPORTATION OF MUNICIPAL SOLID WASTE (MSW) AND
STREET SWEEPING WASTE IN BYATRARANPURA DIVISION
(PACKAGE-33) CALL-2 AT ANNEXURE-A AND ETC.
IN WP NO. 8672/2026
BETWEEN:
HANUMAN ENTERPRISES
A PROPRIETOR CONCERN
OFFICE AT
REP BY ITS PROPRIETOR
SRI.LOKESH M
S/O MUNIRAJU
AGED ABOUT 45 YEARS
RESIDING AT NO.28
2ND CROSS, SANJEEVAPPA LAYOUT
CHIKKABOMMASANDRA
BENGALURU - 560 065
-8-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
...PETITIONER
(BY SRI.D.R.RAVISHANKAR, SENIOR COUNSEL FOR
SMT.KEERTHI KRISHNA REDDY AND SRI.MAYUR D. BHANU,
ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
REP BY ADDITIONAL CHIEF SECRETARY
AND ALSO AN APPELLATE AUTHORITY
2. BENGALURU SOLID WASTE MANAGEMENT LIMITED
HAVING OFFICE AT UNI BUILDING
VASANATH NAGAR
BENGALURU - 560 052
REP BY ITS
MANAGING DIRECTOR
3. CHIEF EXECUTIVE OFFICER
BENGALURU SOLID WASTE MANAGEMENT LIMITED
UNI BUILDING
VASANATH NAGAR
BENGALURU - 560 052
4. CHIEF GENERAL MANAGER
BENGALURU SOLID WASTE MANAGEMENT LIMITED
UNI BUILDING
VASANATH NAGAR
BENGALURU - 560 052
5. SOMAREDDY
PROPRIETOR
SRI.VINAYAKA ENTERPRISES
NO.3C-309, 3RD MAIN ROAD
-9-
NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
3RD CROSS, SHANTHI SAGAR
HOTEL CROSS
KALYAN NAGAR
BENGALURU - 560084
6. M/S.SOUTHERN SOLID WASTE MANAGEMENT SERVICE
POTTAVILAI
KOOTAMAVU
MULAGUMOODU
KANNIAY KUMARI
TAMIL NADU - 629167
REP BY ITS PROPRIETOR
MARIA SOOSAI JOHN ANTONY
...RESPONDENTS
(BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL
A/W SMT.NAVYA SHEKHAR, AGA FOR R.1;
SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND ISSUE A WRIT IN THE NATURE OF
CERTIORARI AND QUASH THE IMPUGNED ORDER DATED
04.03.2026 PASSED BY RESPONDENT NO.1 ON THE APPEAL
FILED BY RESPONDENT NOS.5 AND 6 IN RESPECT OF
TENDER NO.DGM-1/BSWML/TEND/08/2025-26 DATED
30.07.2025, INDENT NO.BSWML/2025-2026/SE0058/CALL-2,
PERTAINING TO THE WORK OF PRIMARY COLLECTION AND
SECONDARY TRANSPORTATION OF MUNICIPAL SOLID WASTE
(MSW) AND STREET SWEEPING WASTE IN
SARVAGNANAGARA DIVISION (PACKAGE-3) CALL-2 AT
ANNEXURE-A AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
These batch of writ petitions are filed by the petitioners, who are undisputedly successful bidders and have been declared as L1 in the respective tender processes. The grievance of the petitioners is directed against the impugned orders passed by the Appellate Authority under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 (for short, 'KTTP Act'). The principal contention urged by the petitioners is that the Appellate Authority, while entertaining appeals filed by unsuccessful bidders, has travelled beyond the permissible scope of its jurisdiction and has virtually undertaken an adjudication on the eligibility of the petitioners, which is impermissible in law.
2. This Court, having heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate, had adjourned the matters at the request of the learned Advocate General to enable him to
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NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
obtain instructions and assist the Court on the scope and ambit of jurisdiction exercisable by the Appellate Authority under Section 16 of the 'KTTP Act'.
3. When the matters were taken up for further consideration today, the learned Advocate General, upon instructions, fairly submitted that the Appellate Authority has indeed exceeded its jurisdiction while adjudicating the appeals preferred by the unsuccessful bidders under Section 16 of the 'KTTP Act'. It is fairly conceded that the Appellate Authority could not have embarked upon an enquiry touching upon the eligibility of the successful bidders and consequently could not have issued directions which have the effect of unsettling the concluded tender process.
4. In the light of the fair and categorical submission made by the learned Advocate General and on a perusal of the impugned orders, this Court is of the considered view that the Appellate Authority has clearly acted in excess of
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WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
the jurisdiction vested in it under Section 16 of the 'KTTP Act'. The findings recorded by the Appellate Authority, insofar as they relate to examining and questioning the eligibility of the petitioners who are successful bidders are wholly unsustainable in law. Consequently, the impugned orders, to that extent, are liable to be interfered with and set aside.
5. It is also brought to the notice of this Court that in W.P.No.8524/2026, the Earnest Money Deposit (EMD) furnished by the petitioner has been returned by the Tendering Authority, purportedly in compliance with the order passed by the Appellate Authority. In view of the present adjudication, the said action of the Tendering Authority cannot be sustained. Accordingly, the Tendering Authority is directed to take cognizance of this order and reconsider the acceptance of the EMD submitted by the petitioner in accordance with law and in the light of the observations made herein.
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NC: 2026:KHC:17949
WP No. 8524 of 2026
C/W WP No. 8667 of 2026
WP No. 8670 of 2026
HC-KAR AND 1 OTHER
6. In view of the foregoing discussion, this Court proceeds to pass the following:
ORDER
(i) The writ petitions are hereby allowed.
(ii) The impugned orders dated
05.03.2026, 04.03.2026, 04.03.2026 and
04.03.2026 passed by respondent No.1 -
Appellate Authority, insofar as they proceed to question the eligibility of the petitioners and direct initiation of a fresh tender process, are hereby quashed and set-aside.
(iii) Liberty is reserved to the Tendering Authority to proceed further in the matter strictly in accordance with law and in consonance with the provisions of the 'KTTP Act'.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 63