Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:23138 WP No. 11690 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11690 OF 2026 (GM-TEN) BETWEEN:
1.
SRI M SHIVA KUMAR S/O N MARAPPA, AGE ABOUT 44 YEARS PROPRIETOR OF M/S OLN ENTERPRISES, 149, 4TH CROSS, LALBAGH ROAD, K S GARDEN BENGALURU - 560 027.
2.
RAGHAVENDRA ENTERPRISES A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO 204, 2ND CROSS, AKG COLONY, CHANASANDRA, KADUGODI, MAHADEVAPURA, BENGALURU - 560 067.
REPRESENTED BY ITS PROPRIETOR, SMT.ANITHA V
3.
M/S.MS JATIN INFRA PVT LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 2013 HAVING ITS OFFICE AT NO.63, 1ST CHENGAMA LAYOUT, J P NAGAR 7TH PHASE, BENGALURU - 560 078.
REPRESENTED BY ITS DIRECTOR, SRI. M.SUDARSHAN RAJU
…PETITIONERS (BY SRI. MAYA HOLLA, ADVOCATE)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:23138 WP No. 11690 of 2026
AND:
1.
STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, DR AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU - 560 001.
REPRESENTED BY ITS CHIEF SECRETARY
2.
ADDITIONAL CHIEF SECRETARY AND APPELLATE AUTHORITY URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU - 560 001.
3.
BENGALURU SOLID WASTE MANAGEMENT LIMITED 1ST FLOOR, BBMP BUILDING, THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTHNAGAR, BENGALURU - 560 052.
REPRESENTED BY ITS MANAGING DIRECTOR
4.
DEPUTY GENERAL MANAGEMENT - 1 BENGALURU SOLID WASTE MANAGEMENT LIMITED, 1ST FLOOR, BUILDING, THAMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTHNAGAR, BENGALURU - 560 052.
5.
GREATER BENGALURU AUTHORITY (GBA) N.R. SQUARE, BENGALURU- 560 002.
REPRESENTED BY ITS CHIEF COMMISSIONER
…RESPONDENTS (BY SRI. PRASHANTH CHANDRA S N, ADVOCATE FOR R3- (CP 6777/2226);
SRI. SHASHIKIRANSHETTY, AG A/W SMT. NAMITHA MAHESH B.G, AGA FOR R1 AND R2;
SRI. PAWAN KUMAR, ADVOCATE FOR R5)
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HC-KAR NC: 2026:KHC:23138 WP No. 11690 of 2026
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 04.03.2026 PASSED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, THE SECOND RESPONDENT HEREIN IN RESPECT OF TENDER NO.DGM-1/BSWML/TEND/08/2025-26 DATED 30.07.2025 AND THE INDENT NO.BSWML/2025- 26/SE0084/CALL-02 (ANNEXURE-J) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER The present writ petition is filed seeking issuance of an appropriate writ to quash the order dated 04.03.2026 passed by the Appellate Authority under the provisions of the Karnataka Transparency in Public Procurements Act, 1999 (for short, “KTTP Act”), produced at Annexure–J.
2. The petitioner, who is undisputedly the successful bidder and declared as L1 in the subject tender process, is before this Court calling in question the impugned order passed by the Appellate Authority under Section 16 of the KTTP Act. The grievance of the petitioner is that the Appellate Authority, while entertaining appeals
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HC-KAR NC: 2026:KHC:23138 WP No. 11690 of 2026
preferred by unsuccessful bidders, has exceeded the scope of its jurisdiction and has virtually undertaken an adjudication with regard to the eligibility of the petitioner, which, according to the petitioner, is impermissible in law.
3. Heard learned Senior Counsel appearing for the petitioner and learned Advocate General appearing for the respondents.
4. Learned Advocate General fairly submits that the issue involved in the present writ petition is squarely covered by the decision rendered by this Court in W.P. No.8524/2026, disposed of on 01.04.2026. The said submission is placed on record.
5. In view of the above submission and in terms of the order passed in the aforesaid writ petition, the present writ petition stands disposed of accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB, List No.: 1 Sl No.: 44