- 1 - HC-KAR NC: 2025:KHC-D:13684 WP No. 107282 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107282 OF 2025 (LB-RES) BETWEEN: NARASIMHALU C. SAGABAL, AGE. 54 YEARS, OCC. HDMC, SOLID WASTE MANAGEMENT CONTRACTOR, WARD NOS.1 AND 19 OF DHARWAD, R/O. HATTIKOLLA, JAMBAVANT NAGAR, DHARWAD, TQ. AND DIST. DHARWAD-580 001. … PETITIONER (BY SRI. F.V. PATIL, ADVOCATE) AND: 1. THE HUBBALLI DHARWAD MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 001. 2. THE ASSISTANT COMMISSIONER, ZONE-1, HUBLI-DHARWAD MUNICIPAL CORPORATION, OPP. UDAYA HOSTEL, KESHVNAGAR, DHARWAD-580 001. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASHING THE IMPUGNED OFFICE NOTE/PROCEEDING CONDUCTED BY THE RESPONDENT NO.1 DATED 22.09.2025 VIDE ANNEXURE-H, AND IMPUGNED OFFICE ORDER DATED 22.09.2025 PASSED BY RESPONDENT NO.1 BEARING NO.HDMC/01/2025-26 VIDE ANNEXURE-H1, IN CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.15 10:05:32 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13684 WP No. 107282 of 2025 THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED SHOW CAUSE NOTICE DATED 24.09.2025 (WRONGLY DATED AS 24.10.2025) BEARING NO. HDMC/Va Ka.01/2025-26 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-J, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner calling in question the order at Annexure-H dated 22.09.2025, the order at Annexure- H1 dated 22.09.2025, and the show-cause notice dated 24.10.2025 at Annexure-J. 2. The orders at Annexures-H and H1 have been issued by respondent No.1, while the show-cause notice at Annexure-J has been issued by respondent No.2. 3. In terms of the order at Annexure-H, respondent No.1 has come to the conclusion that the bank records produced by the petitioner are fake and has recommended cancellation of the tender in favour of the petitioner. By the order at Annexure-H1, respondent No.1 has cancelled the tender awarded to the - 3 - HC-KAR NC: 2025:KHC-D:13684 WP No. 107282 of 2025 petitioner with effect from 30.09.2025, on the premise that, as per the Government guidelines effective from 07.08.2017, outsourcing of solid waste management is not permissible. 4. Learned Counsel appearing for the petitioner submits that the petitioner was initially declared the successful bidder in the tender floated by the respondent/Corporation for outsourcing solid waste management services. 5. From the averments made in the petition, it is not in dispute that the period for which the tender was floated has expired. Thereafter, the petitioner was granted an extension without issuing a fresh tender. The extension granted was not for any fixed or definite period. Annexure- H is merely a recommendation made by respondent No.2, whereas Annexure-H1 is the order passed by respondent No.1. 6. In terms of Annexure-H1, dated 22.09.2025, respondent No.1 has not cancelled the tender based on the recommendation at Annexure-H. On going through Annexure-H1, it is noticed that, the tender is cancelled based on the - 4 - HC-KAR NC: 2025:KHC-D:13684 WP No. 107282 of 2025 Government Order dated 07.08.2017, which prohibits the outsourcing of solid waste management. 7. In terms of Annexure-J, the Regional Commissioner has issued a show-cause notice to the petitioner on the ground that the bank records produced by the petitioner are alleged to be fake. The petitioner has submitted a reply to the said show- cause notice. 8. The learned counsel for the petitioner would submit that, after having cancelled the tender vide Annexure-H1, the show-cause notice, vide Annexure-J, could not have been issued. As already noticed, the order at Annexure-H1 is not based on the recommendation of respondent No.2, who had taken the view that the bank records produced by the petitioner are fake. 9. Having come to the prima facie conclusion that the bank records produced by the petitioner are fake documents, a show- cause notice is issued, to which the petitioner has replied. The decision on the said show-cause notice is yet to be taken. - 5 - HC-KAR NC: 2025:KHC-D:13684 WP No. 107282 of 2025 10. Under these circumstances, there is no need to quash Annexures-H and J, which relate to the alleged fake documents produced by the petitioner. 11. As far as Annexure-H1 is concerned, respondent No.1 has cancelled the tender awarded in favour of the petitioner. It is not in dispute that the period for which the tender was allotted has expired. Despite this, a work order was issued in favour of the petitioner without floating a fresh tender. 12. In terms of Annexure-H1, the Commissioner has noticed that outsourcing of solid waste management is not permissible pursuant to the Government Order dated 07.08.2017. Since no valid work order has been issued in accordance with law in favour of the petitioner, the petitioner cannot seek to quash the order dated 22.09.2025. 13. For the reasons recorded above, this Court does not find any merit in the writ petition. The order dismissing the writ petition should not be construed as having reflected any opinion on the contention of the respondent that the petitioner has produced fake bank documents. That aspect has to be - 6 - HC-KAR NC: 2025:KHC-D:13684 WP No. 107282 of 2025 considered analysing the objection filed by the petitioner to the show-cause notice at Annexure-J. 14. On considering the objections and material on record, the respondents have to take appropriate decision in the matter. 15. With these observations, the writ petition is dismissed. 16. The decision on the show-cause notice at Annexure-J shall be taken within ten days from the receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 35