- 1 - NC: 2025:KHC-K:290 WP No. 200161 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.200161 OF 2025 (GM-TEN) BETWEEN: NILESHSINGH S/O ANILSINGH AGE: 40 YEARS, R/O WARD NO. 34 MUJAWAR MOHALLA, BABLESHWAR NAKA, VIJAYPURA, VIJAYAPURA-586101. …PETITIONER (BY SRI. RAVINDRA REDDY, ADVOCATE) AND: THE DIVISIONAL CONTROLLER KALYANA KARNATAKA ROAD CORPORATION, RAICHUR DIVISION, RAICHUR-584101. …RESPONDENT (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING NOTIFICATION DATED £ÀA:PÀPÀgÀ¸Á:gÁ«:¸ÀA:ªÁtÂteÉÊ:2985:2024-25 DATED 27-11-2024 ISSUED BY THE RESPONDENT CORPORATION FOR CLEANING AND MAINTENANCE OF PUBLIC TOILETS AND URINALS LOCATED AT BUS STAND OF RESPONDENT CORPORATION AS SHOWN IN THE NOTIFICATION, VIDE ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RENUKA Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:290 WP No. 200161 of 2025 CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The petitioner has challenged an auction notification dated 27.11.2024 issued by the respondent for cleaning and maintenance of public toilets and urinals at bus stand maintained by the respondent. The petitioner has also sought for a writ in the nature of mandamus directing the respondent to include remaining 10 toilets and 5 urinals at Raichur bus stand and to process the tender notification as per the Karnataka Transparency of Public Procurements Act, 1999 (henceforth referred to as ‘KTPP Act, 1999’). 2. The petitioner contends that the respondent had invited bids on 01.12.2021 for maintenance of toilets and urinals at the bus stands of the respondent at various places including Raichur. The petitioner is only concerned with the maintenance of toilets and urinals at Raichur bus stand. The petitioner contends that in the earlier notification dated 01.12.2021, the respondent had invited bids for maintenance of 26 toilets and 21 urinals. However, after the expiry of the term, the respondent has now invited fresh bids in respect of 15 toilets and 16 urinals at Raichur bus stand. It is therefore, contended that exclusion of 11 toilets and 5 urinals is without any basis and is designed to continue the persons, who were - 3 - NC: 2025:KHC-K:290 WP No. 200161 of 2025 awarded with the tender on 01.12.2021. It is therefore, claimed that the tender notification dated 27.11.2024 is without proper application of mind and hence, is sought to be quashed. 3. Learned counsel for the petitioner reiterated the above contentions and further contended that in the earlier notification dated 01.12.2021, 30 employees were the minimum employees to be employed in two shifts for the maintenance of toilets and urinals and the said number of employees continued in the notification dated 27.11.2024. He therefore, contends that it is now not profitable to employ the same number of workmen to maintain lesser number of toilets and urinals and that the tender notification is issued without proper application of mind. 4. Smt. Ratna N. Shivayogimath, learned counsel, who was directed to accept notice for the respondent submitted that the grounds urged by the petitioner for challenging the notification are not maintainable since these conditions are applicable to all tenderers, who submit their bids. She contends that in respect of remaining toilets and urinals, the procedure prescribed under the KTPP Act, 1999, would be followed and therefore, the petitioner cannot have any grievance. Besides this, she contends that the petitioner has submitted his bid and therefore, he cannot challenge the terms of the bid. - 4 - NC: 2025:KHC-K:290 WP No. 200161 of 2025 5. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondent. 6. It appears that the respondent had invited the bids on 01.12.2021 for maintenance of 26 toilets and 21 urinals at Raichur bus stand and the terms of the conditions envisaged that 30 personnel in two shifts had to be compulsorily appointed for the maintenance of toilets and urinals. After the term of the previous tenderers, the respondent has now invited fresh bids for maintenance of 15 toilets and 16 urinals and has mandated that 30 employees shall be employed in two shifts for the aforesaid purpose. These conditions applied to all tenderers, who submitted their bids and therefore, the petitioner cannot have any grievance and contend that the auction notification is bad for not including the remaining urinals and toilets in the tender. If the petitioner has participated in the tender and has submitted his bid, he cannot allege that the subject matter of the bid had to be something more than what was notified. In that view of the matter, the petitioner cannot have any grievance against the number of toilets and urinals put to bid and cannot claim that the tender is not commercially viable and therefore, the tender notification has to be quashed. - 5 - NC: 2025:KHC-K:290 WP No. 200161 of 2025 7. In that view of the matter, this writ petition fails and is dismissed. 8. Smt. Ratna N. Shivayogimath, learned counsel is permitted to file memo of appearance for the respondent within ten days from today. Sd/- (R.NATARAJ) JUDGE PMR List No.: 1 Sl No.: 18