- 1 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 886 OF 2024 (LB-RES) BETWEEN: 1. SRI VENKATESH PEDDANNA @ VENKATESH HUBBALLI S/O PEDDANNA AGED ABOUT 53 YEARS AMBEDKAR PARAWANE AJJAMPURA TARIKERE TALUK CHIKMAGALUR DISTRICT - 577 547 …APPELLANT (BY SRI ADINARAYANAPPA, ADVOCATE) AND: 1. SURYA INTERNATIONAL SOCIAL SERVICE ORGANIZATION HAVING ITS OFFICE AT NO.12 3RD FLOOR, 5TH MAIN ROAD KAMALA TOWERS GANGANAGAR BENGALURU - 560 031 REPT. BY ITS SECRETARY D LAKSHMINARAYANA S/O LATE DODDANARASAIAH AGED ABOUT 57 YEARS R/AT NO.265, 53RD CROSS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 4TH BLOCK, RAJAJINAGAR BENGALURU - 560 010 2. THE STATE OF KARNATAKA DEPARTMENT OF MUNICIPAL ADMINISTRATION VIDHANA SOUDHA BENGALURU - 560 001 REP. BY ITS SECRETARY 3. THE CHIEF OFFICER AJJAMPURA TOWN MUNCIPAL COUNCIL AJJAMPURA, TARIKERE TALUK CHIKKAMAGALURU DISTRICT - 577 547 …RESPONDENTS (SRI B.O. CHANDRASHEKAR, ADVOCATE FOR RESPONDENT No.1 SRI K.S.HARISH, GOVERNMENT ADVOCATE FOR RESPONDENT No.2 SMT. KAVYASHREE G.S. ADVOCATE FOR RESPONDENT No.3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 23.04.2024 PASSED IN W.P.No.17531/2023 (LB-RES) PASSED BY THE SINGLE JUDGE OF THIS HON'BLE COURT AND TO ALLOW THIS WRIT APPEAL AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 23.04.2024 passed by the learned Single Judge in Writ Petition No.17531/2023 (LB-RES). The said writ petition was preferred by respondent No.1 – Surya International Social Service Organization [hereafter 'Surya International'] – assailing an agreement dated 12.07.2023 entered into between respondent No.3 and the appellant for maintenance of pay and use public toilet facility in the vicinity of Ajjampura bus stand. 2. Surya International claims that it is a society registered under the Societies Registration Act, 1860 and was constituted for carrying on social service. One of it's objects was to construct, maintain, upkeep, clean the toilets, hospitals, public places and to promote health consciousness, and public sanitization. Surya International claims that it had constructed several pay and use public toilets in and around Bengaluru and other parts of the State of Karnataka. - 4 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 3. In the year 2002, respondent No.3 [the Chief Officer, Ajjampura Town Municipal Council] had handed over the possession of vacant land in the vicinity of Ajjampura bus stand to Surya International for the purpose of construction of pay and use public toilet. The cost for the said facility was to be borne by Surya International. Surya International was required to maintain the said facility for a period of twenty years, which expired on 15.05.2022. It is stated that by the said time, the facility was in a dilapidated condition and for the said reason, respondent No.3 issued a fresh Work Order dated 10.06.2021 for Surya International to continue the lease of the pay and use public toilet for a further period of twelve years at a monthly fee of Rs.1,000/-. It is stated that the said Work Order was pursuant to a resolution dated 06.03.2021 passed in the Special General Body Meeting of the Town Municipal Council, Ajjampura. 4. On 13.09.2021, respondent No.3 entered into a lease agreement with Surya International in respect of the pay and use public toilet for a period of twelve years at a monthly fee of Rs.1,000/-. During the subsistence of the said arrangement, respondent No.3 executed another agreement dated 12.07.2023 - 5 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 with the appellant for maintaining the same facility and for collecting service charges for a period of twelve years. Clearly, the contract or lease for the pay and use of the facility in question could not be simultaneously awarded to two separate entities. 5. The learned Single Judge found that the lease was entered into with Surya International without following the necessary safeguards and procedures and therefore, could not be sustained. However, in the peculiar facts and circumstances and also considering Surya International's claim that it had spent funds for renovation of the said facility, the learned Single Judge passed the following order: "The petition is allowed, and the lease deed dated 12.07.2023 executed by the second respondent in favour of the third respondent is quashed. The petitioner is permitted to operate the facility on Pay and Use for a period up to December 31, 2025 calling upon the second respondent to issue appropriate tender and finalize the contract for the period thereafter." 6. The appellant is not aggrieved by the impugned order insofar as it seeks to set aside the lease in favour of Surya International. The appellant's grievance is confined to the decision of the learned Single Judge in directing issuance of invitation of fresh tenders. It - 6 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 is contented on behalf of the appellant that since it had been awarded the contract for maintenance of the facility, the same could not be cancelled. 7. It is relevant to note that the Work Order dated 01.08.2023 issued in favour of the appellant for maintenance of the toilet near the bus stand under Ajjampura Town Panchayat was issued pursuant to the resolution dated 12.07.2023 passed at a general meeting of the Ajjampura Town Panchayat. The relevant extract of the said resolution is set out below: Issue No.5:- Publication of the matter presented in the general meeting to maintain the toilet in the public premises of the private bus stand of the 3rd Ward under the jurisdiction of Ajjampur Town Panchayat and to approve and hand over the tenders received. Conclusion: The matter was discussed and the tenders for maintaining the public toilet in the premises of the private bus stand were agreed upon in the meeting. Sl. No. Details of those who submitted the rate list Submitted by 1 Venkatesh S/o. Peddanna Hubli 2500/- 2 Shivamma.D Subash Nagar, Ajjampur 2500/- The price of Venkatesh S/o. Peddanna Hubli, whose price is lower as mentioned above, was listed and it was decided to agree - 7 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 to the quotation prices of the said person and give the order in the meeting. 8. The said resolution indicates that certain tenders for maintenance of public toilets were discussed at the said meeting. However, we find that there is no material on record to establish that any notice was issued by the municipal council inviting offers for maintenance of toilets within the jurisdiction of Ajjampura Town Panchayat. We also note that the resolution pursuant to which the work order has been issued does not refer to any period, for which such a contract is required to be awarded. Notwithstanding the same, respondent No.3 [the Chief Officer, Ajjampura Town Municipal Council] issued the Work Order dated 01.08.2023 in favour of the appellant for a period of twelve years. 9. The learned counsel appearing for the appellant relied upon a notice dated 06.03.2023, which according to him was issued for inviting tenders for maintaining the facility in question. The translation of the said notice as published in the newspaper is set out below: - 8 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 "There is a public toilet in the premises of the 3rd Ward Private Bus Stand under the Ajjampur Town Panchayat and the interested organizations/NGOs/ agencies are invited to perform artistic works to enhance the beauty of the said toilet. The proposal subject to the following conditions shall be submitted in a sealed cover to the Head Officers, Town Panchayat, Ajjampur by 4-00 PM on 21/03/2023. Overdue applications will be rejected. The applications/ tenders received will be opened on 21.03.2023 at 5 PM. Further information is available during office hours." 10. It is clear from the above that the said publication was only for inviting proposals to perform artistic works and enhance the beauty of the public toilets in the premises of the 3rd Ward Private Bus Stand under Ajjampur Town Panchayat. There was no notice issued for inviting tenders for maintenance of the facility for a period of twelve years and yet, a work order has been issued to the aforesaid work. 11. In view of the above, the work order issued in favour of the appellant cannot be sustained. In the given circumstances, we are unable to fault the directions issued by the learned Single Judge for directing the respondent to issue an appropriate tender and finalize the contract for a period after 31.12.2025. 12. The appeal is, accordingly, dismissed. - 9 - HC-KAR NC: 2025:KHC:41718-DB WA No. 886 of 2024 13. The pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 26