- 1 - NC: 2025:KHC:7572 WP No. 908 of 2025 C/w WP.No.491 of 2025 WP.No.845 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 908 OF 2025 (LB-BMP) C/w WRIT PETITION NO. 491 OF 2025 (LB-BMP), WRIT PETITION NO. 845 OF 2025 (LB-BMP) IN W.P.No.908 of 2025: BETWEEN: 1. M/S. ISHWARYA ENTERPRISES REGISTERED UNDER THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENT ACT 1961 NO 137, 4TH CROSS ROAD, NETHAJI NAGAR, K.P. AGRAHARA, BENGALURU 560 023 REPRESENTED BY PROF. AISHWARYA S …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. SHERVIL ADAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE REP BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001. 2. THE COMMISSIONER (WEST), BRUHAT BANGALORE MAHANAGARA PALIKE. HUDSON CIRCLE, BENGALURU 560 002. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7572 WP No. 908 of 2025 C/w WP.No.491 of 2025 WP.No.845 of 2025 3. ASSISTANT EXECUTIVE ENGINEER SOLID WASTE MANAGEMENT CELL- GANDHINAGAR BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 560 053. 4. SUPERINTENDENT ENGINEER COMMISSIONER (WELFARE) BRUHAT BENGALURU MAHANAGARA PALIKE, 2ND FLOOR, YUVIN COMPLEX THIMMAYARASTHE, MILLER TANK ROAD, VASANT NAGAR BENGALURU 560 002. 5. CHIEF GENERAL MANAGER (TECHNICAL) BANGALORE SOLID WASTE MANAGEMENT BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560 052. 6. ASSISTANT GENERAL MANAGER BANGALORE SOLID WASTE MANAGEMENT BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 560 052. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1; SRI. NAVEEN CHANDRASHEKAR., ADVOCATE R2 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE ORDER DTD 06.12.2024 IN NO. M.PRA.VA(TA) BSW.M.L/PR/173/2024-25 PASSED BY THE R-4 (ANNX-A). IN W.P.No.491 OF 2025: BETWEEN: 1. M/S ISHWARYA ENTERPRISES REGISTERED UNDER THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENT ACT 1961 NO.137, 4TH CROSS ROAD, - 3 - NC: 2025:KHC:7572 WP No. 908 of 2025 C/w WP.No.491 of 2025 WP.No.845 of 2025 NETHAJI NAGAR, K.P AGRAHARA, BENGALURU-560 023 REPRESENTED BY PROF. AISHWARYA.S …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. SHERVIL ADAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE REP BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560 001. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, BENGALURU-560 002 3. ASSISTANT EXECUTIVE ENGINEER SOLID WASTE, MANAGEMENT CELL-GANDHINAGAR, BRUHAT BANGALORE MAHANAGARA PALIKE, TULASI THOTA, BALEPATI, BENGALURU-560 053. 4. CHIEF ENGINEER AND CHIEF GENERAL MANAGER (TECHNICAL) BANGALORE, SOLID WASTE MANAGEMENT, BRUHAT BENGLURU MAHANAGARA PALIKE, 1ST FLOOR, UNI BUILDING THIMMAYA ROAD, BENGALURU-560 052. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1; SRI. NAVEEN CHANDRASHEKAR., ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE - 4 - NC: 2025:KHC:7572 WP No. 908 of 2025 C/w WP.No.491 of 2025 WP.No.845 of 2025 ORDER DATED 29/11/2024 IN NO. MU.AA AND MU PRA.VYA (B.G. TYA NI)/PR/173/2024-25 PASSED BY THE R4 (ANN-A). IN W.P.No.845 OF 2025: BETWEEN: 1. M/S BALAJI ENTERPRISES REGISTERED UNDER THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENT ACT 1961 NO.137, 4TH CROSS ROAD, NETHAJI NAGAR, K.P. AGRAHARA, BENGALURU-560 023 RERESENTED BY SRI NAVEEN. …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. SHERVIL ADAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE REP BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560 001. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, BENGALURU-560 002. 3. ASSISTANT EXECUTIVE ENGINEER SOLID WASTE, MANAGEMENT CELL-GANDHINAGAR, BRUHAT BANGALORE MAHANAGARA PALIKE, TULASI THOTA, BALEPATI, BENGALURU-560 053. 4. CHIEF ENGINEER AND CHIEF GENERAL, MANAGER (TECHNICAL) BANGALORE, SOLID WASTE MANAGMENT, - 5 - NC: 2025:KHC:7572 WP No. 908 of 2025 C/w WP.No.491 of 2025 WP.No.845 of 2025 BRUHAT BENGALURU MAHANAGARA PALIKE, 1ST FLOOR, UNI BUILDING, THIMMAYYA ROAD, BENGALURU-560 052. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1; SRI. NAVEEN CHANDRASHEKAR, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29/11/2024 IN NO. MU.AA AND MU PRA.VYA (B.G. TYA NI) / PR/173/2024-25 PASSED BY THE R4 (ANN-A). THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. In all these three cases, the petitioners challenge to withdrawal of the work order by the BBMP. 2. BBMP had issued work orders for transporting animal waste and solid waste, which is sought to be withdrawn under the impugned orders. 3. It is the case of the BBMP that this work order which permitted transportation of animal waste and solid waste was not a function which was required to be - 6 - NC: 2025:KHC:7572 WP No. 908 of 2025 C/w WP.No.491 of 2025 WP.No.845 of 2025 discharged by the BBMP and this was causing unnecessary financial burden on them. 4. It was the further case of the BBMP that this task of transporting animal waste and solid waste was the responsibility of other entities and therefore BBMP could not be saddled with this liability. 5. It is noticed from the impugned orders that the work orders that had been issued by the BBMP had been withdrawn without even hearing the petitioner. 6. In my view, therefore, it would be appropriate for the petitioners to treat the impugned orders as a show cause notice and file their objections. 7. If such objections are filed within a period of two weeks, the BBMP should consider the contentions raised by the petitioners and pass appropriate orders on their objections within period of one week thereafter. - 7 - NC: 2025:KHC:7572 WP No. 908 of 2025 C/w WP.No.491 of 2025 WP.No.845 of 2025 8. Writ petition is accordingly disposed of. Till then, the petitioners’ services shall not be disturbed. 9. It is needless to state that all contentions of either parties are left open. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 2