- 1 - HC-KAR NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 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 REPRESENTED BY ITS PROPRIETARY, RAJESHWARAN SATHEESH, S/O K RAJESHWARAN, AGE 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. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 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 - 3 - HC-KAR NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 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, - 4 - HC-KAR NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 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 - 5 - HC-KAR NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 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 - HC-KAR NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 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 - HC-KAR NC: 2025:KHC:39001 WP No. 29292 of 2025 C/W WP No. 28160 of 2025 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