Karnataka High Court
M/S Sathya Construction vs The Greater Bengaluru Authority on 26 September, 2025
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NC: 2025:KHC:39001
WP No. 29292 of 2025
C/W WP No. 28160 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO. 29292 OF 2025 (LB-BMP)
C/W
WRIT PETITION NO. 28160 OF 2025 (LB-BMP)
IN WP No. 29292/2025
BETWEEN:
1. M/S SATHYA CONSTRUCTION
PROPRIETARY CONCERN,
OFFICE AT NO 600,
DOWN BAZZAR ROAD,
YELAHANKA,
BENGALURU - 560064
Digitally REPRESENTED BY ITS PROPRIETARY,
signed by
GEETHA P G RAJESHWARAN SATHEESH,
Location: S/O K RAJESHWARAN,
HIGH COURT AGE ABOUT 55 YEARS
OF
KARNATAKA ...PETITIONER
(BY SRI. KALYAN R., ADVOCATE)
AND:
1. THE GREATER BENGALURU AUTHORITY
NEAR HUDSON CIRCLE,
BANGALORE - 560001
REPRESENTED BY ITS CHIEF COMMISSIONER.
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WP No. 29292 of 2025
C/W WP No. 28160 of 2025
HC-KAR
2. THE BENGALURU NORTH CITY CORPORATION
OFFICE AT MINI VIDHANA SOUDHA,
YELAHANKA, BANGALORE - 560064.
3. THE BENGALURU SOLID
WASTE MANAGEMENT LIMITED,
OFFICE OF DGML, BSWM, FIRST FLOOR,
BBMP BUILDING, THIMMAIAH ROAD,
VASANTHA NAGARA
BENGALURU - 560052
REP BY ITS CHIEF EXECUTIVE OFFICER,
MR.KAREE GOWDA
REGISTERED UNDER COMPANY ACT, 2013.
4. THE ASSISTANT GENERAL MANAGER
BSWML YELAHANKA DIVISION,
3RD FLOOR, MINI VIDHANA SOUDHA BUILDING,
NES CIRCLE, YELAHANKA,
BENGALURU - 560064.
5. M/S HANUMAN ENTERPRICES
NO 28, 2ND CROSS,
SANJEEVAPPA LAYOUT
CHIKKA BOMMASANDRA, GKVK POST,
BENGALURU - 560065
REP BY PROPRIETOR LOKESH
REGISTERED UNDER
PROPRIETORY CONCERN
...RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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NC: 2025:KHC:39001
WP No. 29292 of 2025
C/W WP No. 28160 of 2025
HC-KAR
QUASH THE ORDER DATED 10.09.2025 BEARING NO. SA.
KAA. A/BSWML (UV)/PR/11/2025-26 PASSED BY THE R4
AS PER THE ANNEXURE -A TO THE WRIT PETITION AND
ETC.
IN WP NO. 28160/2025
BETWEEN:
1. M/S SATHYA CONSTRUCTION
PROPRIETARY CONCERN,
OFFICER AT NO. 600, DOWN BAZZAR ROAD,
YELAHANKA, BENGALURU 560064.
REPRESENTED BY ITS PROPRIETARY,
RAJESHWARAN SATHEESH,
S/O K. RAJESHWARAN,
AGED ABOUT 55 YEARS.
...PETITIONER
(BY SRI. KALYAN R., ADVOCATE)
AND:
1. THE GREATER BENGALURU AUTHORITY
NEAR HUDSON CIRCLE,
BANGALORE - 560001,
REPRESENTED BY ITS
CHIEF COMMISSIONER.
2. THE BENGALURU NORTH CITY CORPORATION,
OFFICE AT MINI VIDHANA SOUDHA, YELAHANKA,
BANGALORE 560064.
3. THE BENGALURU SOLID
WASTE MANAGEMENT LIMITED,
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NC: 2025:KHC:39001
WP No. 29292 of 2025
C/W WP No. 28160 of 2025
HC-KAR
OFFICE OF DGML, BSWM,
FIRST FLOOR, BBMP BUILDING,
THIMAIAH ROAD, VASANTHA NAGARA,
BENGALURU - 560052.
REPT, BY CHIEF EXECUTIVE OFFICER.
4. THE ASSISTANT GENERAL MANAGER
BSWML, YELAHANKA DIVISION,
3RD FLOOR, MINI VIDHAN SOUDHA BUILDING,
NES CIRCLE, YELAHANKA
BENGALURU-560064.
...RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4;)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO QUASH THE ORDER DTD. 10.09.2025
BEARING NO. SA.KAA.A/BSWML(VU)/PR/318/2025-26
PASSED BY THE RESPONDENT NUMBER FOUR AS PER
THE ANNX-A TO THE WRIT PETITION AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCING / PHYSICAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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WP No. 29292 of 2025
C/W WP No. 28160 of 2025
HC-KAR
ORAL ORDER
The petitioner is a garbage contractor and his services have been availed by the respondent - the Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP'). The same is terminated and his work has been now entrusted to respondent No.5 (in W.P.No.29292/2025). Aggrieved by the same, the present writ petitions are filed with the following prayers:
In W.P.No.29292/2025:-
"i) To issue writ of certiorari or any other direction and to quash the order dated 10.09.2025, bearing No.SA.KAA.A/BSWML (UV)/PR/11/2025-26 passed by the respondent No.4 as per the Annexure A to the writ petition.
ii) To issue a writ of mandamus or any direction by directing the respondent number 4 to permit the petitioner to continue the collection of solid waste generated in ward number three until finalization of the new bidder.
iii) To pass such order or orders as deem fit by this court in the facts and circumstances of the case."-6-
NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 HC-KAR In W.P.No.28160/2025:-
"i) To issue writ of certiorari or any other direction and to quash the order dated 10.09.2025, bearing No.SA.KAA.A/BSWML (UV)/PR/318/2025-26 passed by the respondent number four per the Annexure A to the writ petition.
ii) To issue a writ of mandamus or any direction by directing the respondent number 4 to permit the petitioner to continue the collection of solid waste generated in ward number three until finalisation of the new bidder.
iii) To pass such order or orders as deem fit by this court in the facts and circumstances of the case."
2. It is seen that there are allegations and counter-allegations made by the petitioner and the BBMP against each other. It is also seen that the lis involved in the petitions pertains to a disputed question of fact and it pertains to a contract and the appropriate remedy for the petitioner in the event of breach of contract on the part of BBMP is to sue them for damages before the appropriate forum. The same cannot be addressed by this Court in -7- NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 HC-KAR exercise of its powers under Article 226 of the Constitution of India.
3. For the aforementioned reasons, reserving the liberty to the petitioner to sue BBMP, if he is so advised, before the appropriate forum, the Writ Petitions are hereby dismissed.
4. It is needless to state that the dismissal of the writ petitions will not come in the way of the petitioner from participating in the tender to be floated by the BBMP in accordance with law, unless the petitioner is blacklisted.
5. In view of the dismissal of the writ petitions, pending IAs., if any, do not survive for consideration and it stands disposed of.
SD/-
(M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 15