- 1 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.8524 OF 2026 (GM-TEN) C/W WRIT PETITION NO.8667 OF 2026 (GM-TEN) WRIT PETITION NO.8670 OF 2026 (GM-TEN) WRIT PETITION NO.8672 OF 2026 (GM-TEN) IN WP NO.8524/2026 BETWEEN: M/S P GOPINATHA REDDY (A PROPRIETORSHIP CONCERN) HAVING ITS REGISTERED OFFICE AT NO.6, BEHIND SANDHYA THEATRE OLD MADIWALA, BENGALURU - 560068 REPRESENTED BY ITS PROPRIETRIX SMT.P KAVITHA …PETITIONER (BY SRI. PRASANNA KUMAR P, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY 424, 4TH FLOOR, VIKAS SOUDHA BENGALURU - 560001 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER 2. BENGALURU SOLID WASTE MANAGEMENT LTD., REPRESENTED BY ITS CHAIRMAN 1 & 2ND FLOOR, UNI BUILDING TANK BUND AREA, VASANTH NAGAR BENGALURU - 560052 3. THE CHIEF EXECUTIVE OFFICER, BSWML 1ST FLOOR, UNI BUILDING TANK BUND AREA, VASANTH NAGAR BENGALURU - 560052 4. THE CHIEF GENERAL MANAGER, BSWML 1ST FLOOR, UNI BUILDING TANK BUND AREA, VASANTH NAGAR BENGALURU - 560052 5. THE DEPUTY GENERAL MANAGER - 1, BSWML 1ST FLOOR, UNI BUILDING TANK BUND AREA, VASANTH NAGAR BENGALURU - 560052 …RESPONDENTS (BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SMT.NAVYA SHEKHAR, AGA FOR R.1; SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS AND ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 05.03.2026 PASSED BY THE APPELLATE AUTHORITY UNDER THE KTTP ACT PRODUCED HEREWITH AT ANNEXURE- B IN SO FAR AS THE ORDER OF THE APPELLATE AUTHORITY IN PROCEEDING TO CALL FOR A FRESH TENDER AND CONSEQUENTIALLY ISSUE A WRIT OF CERTIORARI TO QUASH THE TENDER NOTIFICATION BEARING NO.DGM- - 3 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER 1/BSWWL/TEND/22/25-26 DATED 10.03.2026 ISSUED BY THE 5TH RESPONDENT PRODUCED HEREWITH AT ANNEXURE-A AND ETC. IN WP NO.8667/2026 BETWEEN: SRI.VENKATESWARA ENTERPRISES REPRESENTED BY ITS PROPRIETOR SRI.RAMU V ALIAS RAMU VENKATESHAPPA AGED ABOUT 40 YEARS C/O VENKATESHAPPA HAVING ITS REGISTERED OFFICE AT NO.864, 19TH MAIN, 4TH STAGE BEML LAYOUT, R.R NAGAR BENGALURU - 560 098. ...PETITIONER (BY SRI.D.R.RAVISHANKAR, SENIOR COUNSEL FOR SMT.KEERTHI KRISHNA REDDY AND SRI.MAYUR D. BHANU, ADVOCATES) AND: 1. STATE OF KARNATAKA REP BY ADDITIONAL CHIEF SECRETARY SHOWN AS APPELLATE AUTHORITY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU 560 001 2. BENGALURU SOLID WASTE MANAGEMENT LIMITED REP BY ITS MANAGING DIRECTOR HAVING REGISTERED OFFICE AT UNI BUILDING VASANTH NAGAR BENGALURU - 560 052 - 4 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER 3. CHIEF EXECUTIVE OFFICER BENGALURU SOLID WASTE MANAGEMENT LIMITED UNI BUILDING, VASANATHNAGAR BENGALURU - 560 052 4. CHIEF GENERAL MANAGER BENGALURU SOLID WASTE MANAGEMENT LIMITED UNI BUILDING VASANATHNAGAR BENGALURU - 560 052 5. NAGESH R PROPRIETOR M/S NKS ENTERPRISES NO.02, SUMANANDA NILAYA 5TH CROSS, BATARAHALLI, RIFCO SHANTINIKETAN LAYOUT BENGALURU - 560 076 6. SRI.MANJUNATH K.M PROPRIETOR M/S MANJUNATH ENTERPRISES NO.106, KYALASANAHALLI KHOTTU POST, K.R PURAM HOBLI BENGALURU - 560 077 ...RESPONDENTS (BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SMT.NAVYA SHEKHAR, AGA FOR R.1; SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 04.03.2026 PASSED BY RESPONDENT NO.1 ON THE APPEAL FILED BY RESPONDENT NOS.5 AND 6 IN RESPECT OF - 5 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER TENDER NO.DGM-1/BSWML/TEND/08/2025-26 DATED 30.07.2025, INDENT NO.BSWML/2025-2026/SE0081/CALL-2, PERTAINING TO THE WORK OF PRIMARY COLLECTION AND SECONDARY TRANSPORTATION OF MUNICIPAL SOLID WASTE (MSW) AND STREET SWEEPING WASTE IN KR PURAM-01 DIVISION (PACKAGE-26) CALL-2 AT ANNEXURE-A AND ETC. IN WP NO.8670/2026 BETWEEN: SRI.PRABHAKAR K AGED ABOUT 45 YEARS SON OF KRISHNAPPA M RESIDING AT 359/19 1ST MAIN ROAD, 1ST CROSS SHABARINAGAR, BYATARAYANAPURA SAHAKARANAGAR BENGALURU - 560092 ...PETITIONER (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SMT.KEERTHI KRISHNA REDDY AND SRI.MAYUR D. BHANU, ADVOCATES) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 REP BY ADDITIONAL CHIEF SECRETARY AND ALSO AN APPELLATE AUTHORITY 2. BENGALURU SOLID WASTE MANAGEMENT LIMITED HAVING OFFICE AT UNI BUILDING VASANATH NAGAR BENGALURU - 560 052 - 6 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER REP BY ITS MANAGING DIRECTOR 3. CHIEF EXECUTIVE OFFICER BENGALURU SOLID WASTE MANAGEMENT LIMITED UNI BUILDING VASANATH NAGAR BENGALURU - 560 052 4. CHIEF GENERAL MANAGER BENGALURU SOLID WASTE MANAGEMENT LIMITED UNI BUILDING VASANATH NAGAR BENGALURU - 560 052 5. SHRI.ANCHI LINGAPPA SATHISH KUMAR M/S SPT ENTERPRISES NO.41, K H ROAD (DOUBLE ROAD) BENGALURU 560 027 6. SRI.ERRA GUNDLA RAMACHANDRA REDDY SANTHOSH M/S SSRP AGENCY NO.391, 5TH MAIN, 1ST CROSS SADANANDA NAGAR BENGALURU - 560 038 7. SRI.CHETAN PRITHVIRAJ BORA M/S WATERGRACE PRODUCTS NEAR KANNAMWAR BRIDGE MUMBAI, AGARA ROAD DWARAKA NASHIK - 420 01 8. SOMAREDDY SRI.VINAYAKA ENTERPRISES NO.3C-309, 3RD MAIN ROAD 3RD CROSS, SHANTHI SAGAR - 7 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER HOTEL CROSS KALYAN NAGAR BENGALURU - 560084 ...RESPONDENTS (BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SMT.NAVYA SHEKHAR, AGA FOR R.1; SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 04.03.2026 PASSED BY RESPONDENT NO.1 ON THE APPEAL FILED BY RESPONDENT NOS.5 TO 8 IN RESPECT OF TENDER NO.DGM-1/BSWML/TEND/08/2025-26 DATED 30.07.2025, INDENT NO.BSWML/2025-2026/SE0058/CALL-2, PERTAINING TO THE WORK OF PRIMARY COLLECTION AND SECONDARY TRANSPORTATION OF MUNICIPAL SOLID WASTE (MSW) AND STREET SWEEPING WASTE IN BYATRARANPURA DIVISION (PACKAGE-33) CALL-2 AT ANNEXURE-A AND ETC. IN WP NO. IN WP NO. 8672/2026 BETWEEN: HANUMAN ENTERPRISES A PROPRIETOR CONCERN OFFICE AT REP BY ITS PROPRIETOR SRI.LOKESH M S/O MUNIRAJU AGED ABOUT 45 YEARS RESIDING AT NO.28 2ND CROSS, SANJEEVAPPA LAYOUT CHIKKABOMMASANDRA BENGALURU - 560 065 - 8 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER ...PETITIONER (BY SRI.D.R.RAVISHANKAR, SENIOR COUNSEL FOR SMT.KEERTHI KRISHNA REDDY AND SRI.MAYUR D. BHANU, ADVOCATES) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 REP BY ADDITIONAL CHIEF SECRETARY AND ALSO AN APPELLATE AUTHORITY 2. BENGALURU SOLID WASTE MANAGEMENT LIMITED HAVING OFFICE AT UNI BUILDING VASANATH NAGAR BENGALURU - 560 052 REP BY ITS MANAGING DIRECTOR 3. CHIEF EXECUTIVE OFFICER BENGALURU SOLID WASTE MANAGEMENT LIMITED UNI BUILDING VASANATH NAGAR BENGALURU - 560 052 4. CHIEF GENERAL MANAGER BENGALURU SOLID WASTE MANAGEMENT LIMITED UNI BUILDING VASANATH NAGAR BENGALURU - 560 052 5. SOMAREDDY PROPRIETOR SRI.VINAYAKA ENTERPRISES NO.3C-309, 3RD MAIN ROAD - 9 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER 3RD CROSS, SHANTHI SAGAR HOTEL CROSS KALYAN NAGAR BENGALURU - 560084 6. M/S.SOUTHERN SOLID WASTE MANAGEMENT SERVICE POTTAVILAI KOOTAMAVU MULAGUMOODU KANNIAY KUMARI TAMIL NADU - 629167 REP BY ITS PROPRIETOR MARIA SOOSAI JOHN ANTONY ...RESPONDENTS (BY SRI.K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SMT.NAVYA SHEKHAR, AGA FOR R.1; SRI.PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R.2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 04.03.2026 PASSED BY RESPONDENT NO.1 ON THE APPEAL FILED BY RESPONDENT NOS.5 AND 6 IN RESPECT OF TENDER NO.DGM-1/BSWML/TEND/08/2025-26 DATED 30.07.2025, INDENT NO.BSWML/2025-2026/SE0058/CALL-2, PERTAINING TO THE WORK OF PRIMARY COLLECTION AND SECONDARY TRANSPORTATION OF MUNICIPAL SOLID WASTE (MSW) AND STREET SWEEPING WASTE IN SARVAGNANAGARA DIVISION (PACKAGE-3) CALL-2 AT ANNEXURE-A AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 10 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These batch of writ petitions are filed by the petitioners, who are undisputedly successful bidders and have been declared as L1 in the respective tender processes. The grievance of the petitioners is directed against the impugned orders passed by the Appellate Authority under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 (for short, ‘KTTP Act’). The principal contention urged by the petitioners is that the Appellate Authority, while entertaining appeals filed by unsuccessful bidders, has travelled beyond the permissible scope of its jurisdiction and has virtually undertaken an adjudication on the eligibility of the petitioners, which is impermissible in law. 2. This Court, having heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate, had adjourned the matters at the request of the learned Advocate General to enable him to - 11 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER obtain instructions and assist the Court on the scope and ambit of jurisdiction exercisable by the Appellate Authority under Section 16 of the ‘KTTP Act’. 3. When the matters were taken up for further consideration today, the learned Advocate General, upon instructions, fairly submitted that the Appellate Authority has indeed exceeded its jurisdiction while adjudicating the appeals preferred by the unsuccessful bidders under Section 16 of the ‘KTTP Act’. It is fairly conceded that the Appellate Authority could not have embarked upon an enquiry touching upon the eligibility of the successful bidders and consequently could not have issued directions which have the effect of unsettling the concluded tender process. 4. In the light of the fair and categorical submission made by the learned Advocate General and on a perusal of the impugned orders, this Court is of the considered view that the Appellate Authority has clearly acted in excess of - 12 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER the jurisdiction vested in it under Section 16 of the ‘KTTP Act’. The findings recorded by the Appellate Authority, insofar as they relate to examining and questioning the eligibility of the petitioners who are successful bidders are wholly unsustainable in law. Consequently, the impugned orders, to that extent, are liable to be interfered with and set aside. 5. It is also brought to the notice of this Court that in W.P.No.8524/2026, the Earnest Money Deposit (EMD) furnished by the petitioner has been returned by the Tendering Authority, purportedly in compliance with the order passed by the Appellate Authority. In view of the present adjudication, the said action of the Tendering Authority cannot be sustained. Accordingly, the Tendering Authority is directed to take cognizance of this order and reconsider the acceptance of the EMD submitted by the petitioner in accordance with law and in the light of the observations made herein. - 13 - HC-KAR NC: 2026:KHC:17949 WP No. 8524 of 2026 C/W WP No. 8667 of 2026 WP No. 8670 of 2026 AND 1 OTHER 6. In view of the foregoing discussion, this Court proceeds to pass the following: ORDER (i) The writ petitions are hereby allowed. (ii) The impugned orders dated 05.03.2026, 04.03.2026, 04.03.2026 and 04.03.2026 passed by respondent No.1 – Appellate Authority, insofar as they proceed to question the eligibility of the petitioners and direct initiation of a fresh tender process, are hereby quashed and set-aside. (iii) Liberty is reserved to the Tendering Authority to proceed further in the matter strictly in accordance with law and in consonance with the provisions of the ‘KTTP Act’. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 63