- 1 - NC: 2025:KHC:5873 WP No. 2605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2605 OF 2025 (LB-BMP) BETWEEN: 1. M/S LAVA KUSHA TRANSPORT A PROPRIETARY CONCERN, OFFICE AT NO 1, GROUND FLOOR, HOSUR MAIN ROAD. LAVAKUSHA NAGAR (BERITENA AGRAHARA). BANGALORE 560100. REPRESENTED BY PROPRIETOR KRSRINIVASA REDDY, S/OKRRAJAKRISHNA REDDY …PETITIONER (BY SRI. KALYAN R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR BEEDI, BANGALORE - 560001. 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE, NR SQUARE. BANGALORE-560002 REP BY CHIEF COMMISSIONER 3. THE BENGALURU SOLID WASTE MANAGEMENT LIMITED, A REGISTERED COMPANY, (REGISTERED UNDER THE COMPANIES ACT), OFFICE OF THE CHIEF MANAGER (TECH.), 1ST FLOOR, UNI BUILDING, NEW THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU- 560046, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5873 WP No. 2605 of 2025 REPTD., BY MANAGING DIRECTOR. 4. THE ZONAL COMMISSIONER, BANGALORE SOUTH, NR SQUARE, BBMP, BANGALORE - 560002. 5. THE CHIEF GENERAL MANAGER(TECH) 1ST FLOOR, UNI BUILDING, BSWML, NEW THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU-560001. 6. THE DEPUTY GENERAL MANAGER, BSWML, 1ST FLOOR, UNI BUILDING, NEW THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU-560046. 7. ASSISTANT GENERAL MANAGER, BSWML, BASAVANAGUDI DIVISION, 11TH CROSS, ASHOKNAGAR, BSK FIRST PHASE, 2ND BLOCK, NEAR SHANKARNAG CIRCLE, BANGALORE - 560050. 8. THE EXECUTIVE ENGINEER - 1 SOLID WASTE MANAGEMENT, BBMP, OFFICE AT SWM, ROOM NO. 305, 3RD FLOOR, BBMP HEAD OFFICE PREMISES, NARSIMHARAJA SWEAR, BANGALORE - 560002. 9. THE ASSISTANT EXECUTIVE ENGINEER, SOLID WASTE MANAGEMENT, BASAVANAGUDI DIVISION, OFFICE AT 11TH CROSS, ASHOKNAGAR, BSK FIRST PHASE, 2ND BLOCK, NEAR SHANKARNAG CIRCLE, BANGALORE - 560050. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SRI. NAVEEN CHANDRASHEKAR., ADVOCATE FOR R-2 TO R-9) - 3 - NC: 2025:KHC:5873 WP No. 2605 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 03.05.2024 BEARING SA.KAA.NI.A/BHA.GHU/GHA.THYA.NI/PR/12/2023-24 IMPUGNE DNOTICES DATED. 15.11.2024 BEARING NO. SA.PRAVYA/BSWML/BHA/GHU/PR166/24-25 BY R-5 AND 9 AS PER ANNEXURE-A AND B TO THE WRIT PETITION AND CONSEQUENTLY TO QUASH THE IMPUGNED PROCEEDING / FILE NOTING AND RECOMMENDATION OF THE CHIEF GENERAL MANAGER, BSWML AND ZONAL COMMISSIONER, SOUTH ZONE, BBMP BANGALORE DATED. 31.12.2024 AS PER ANNEXURE-C TO THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is to quash the impugned notices at Annexures-A and B, in which, allegations have been made that performance of the petitioner pursuant to the award of contract was inadequate. 2. During the pendency of the writ petition, the BBMP has proceeded to issue a short term tender notification dated 29.01.2025, by which, bids have been called for. - 4 - NC: 2025:KHC:5873 WP No. 2605 of 2025 3. It is the admitted case of the petitioner that the contract originally awarded in its favour for a period of one year from 30.06.2021. Though the work order has been extended on a few occasions, the petitioner cannot have contractual right to continue his door to door collection of garbage beyond the period of contract and it cannot have any grievance regarding issuance of short term tender notification. 4. It was the contention of the petitioner that the BBMP would proceed to allocate the work of door to door collection of garbage to another contractor, without calling for tenders. Since the tender has now been called for, the work of collecting the garbage would obviously have to be awarded to the successful bidder. In that view of the matter, there is no justification to entertain this writ petition. The writ petition is therefore dismissed. - 5 - NC: 2025:KHC:5873 WP No. 2605 of 2025 5. Liberty is, however, reserved to the petitioner to apply pursuant to short term tender notification dated 29.01.2025 and participate in the said process. 6. It is also open to the petitioner to submit a representation to the BBMP requesting them to extend the time for submitting the bids. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 70