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2026 DAILYLAW 28345 (KAR)

SAMARGA KARNATAKA KARMIKARA v. CHIEF SECRETARY

WP/15334/2026 · 2026-07-15

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010334192026 NC: 2026:KHC:36089 WP No. 15334 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15334 OF 2026 (GM-RES) BETWEEN: SAMARGA KARNATAKA KARMIKARA SANGHA NGO (R)., NO.5/A, OPPPSITE RAMAPPA ASHRAMA, YASHODHA NILAYA, FIRST FLOOR, CHAIRMAN NARASIMHAIAH- LAYOUT, MYSORE ROAD, BYATARAYANAPURA, BENGALURU-560 026. REPRESENTED BY ITS PRESDIENT, SHRI YATHISH KUMAR T M C S/O LATE. CHANDRASHEKARA, AGED ABOUT 41 YEARS …PETITIONER (BY SRI. HALESHA R. GAVIMATH, ADVOCATE) AND: 1. CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. 2. UNDER SECRETARY, GOVERNMENT OF KARNATAKA DEPARTMENT OF TOWN AND MUNICIPAL CORPORATION, VIKASA SOUDHA, BENGALURU-560001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010334192026 NC: 2026:KHC:36089 WP No. 15334 of 2026 3. EXECUTIVE OFFICER, BENGALURU SOLID WASTE MANAGEMENT, LIMITED, 30/1, 1 AND 2ND FLOOR, UNI BUILDING, THIMMAIAH ROAD. VASANATHA NAGARA, BENGALURU-560 020. 4. DIRECTOR OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOOR, VISHWESHWARAIAH TOWER, DR. B. R. AMBEDKAR VEEDI, BENGALURU-560 001. 5. DEPUTY GENERAL MANAGER,, BENGALURU SOLID WASTE MANAGEMENT, LIMITED, 30/1, 1ST AND 2ND FLOOR, UNI BUILDING, THIMMAIAH ROAD, VASANATHA NAGARA, BENGALURU-560 020. 6. THE COMMISSIONER, BENGALURU WEST CITY CORPORATION OFFICE, IPP CENTRE, 16TH CROSS ROAD, VYALIKAVAL, KODANDARAMPURA, MALLESHWARAM, BENGALURU-560 003. 7. THE COMMISSIONER, BENGALURU WEST ZONE, BBMP, JAI BHEEMA NAGAR, SAMPANGIRAM NAGAR, SEVASHRAMA, BENGALURU-560 020. 8. THE JOINT COMMISSIONER, WEST, BBMP, JAI BHEEMA NAGAR, SAMPANGIRAM NAGAR, SEVASHRAMA, BENGALURU-560 020. - 3 - HC-KAR CNR: KAHC010334192026 NC: 2026:KHC:36089 WP No. 15334 of 2026 9. THE ASSISTANT EXECUTIVE ENGINEER, BBMP, HEALTH AND SANITATION BRANCH, VIJAYANAGARA DIVISION, 9TH MAIN ROAD, 4TH CROSS, VIJAYANAGARA 2ND STAGE, HAMPINAGARA, BENGALURU-560104. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1, R2 AND R4 SRI. PRASHANTH CHANDRA, ADVOCATE FOR R3, R5 & R6 SRI. PAVAN KUMAR, ADVOCATE FOR R7, R8 & R9) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENTS NO. 1 TO 5., TO TAKE NECESSARY ACTION AGAINST THE 9 TH RESPONDENT FOR THEIR ILLEGALITY, DONE, DOING BY WITH THE REFERENCE OF ANNEXURE-D AND ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMNARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate is directed to accept notice for respondent Nos.1, 2 and 4. 2. Sri Prashanth Chandra, learned counsel is directed to accept notice for respondent Nos.3, 5 and 6. - 4 - HC-KAR CNR: KAHC010334192026 NC: 2026:KHC:36089 WP No. 15334 of 2026 3. Sri Pavan Kumar, learned counsel is directed to accept notice for respondent Nos.7, 8 and 9. "i. Pleased to issue a writ, Orders and directions to the Respondents No. 1 to 5., to take necessary action against the 9th Respondent for their illegality, done, doing by with the reference of Annexure-D and Annexure-E, in the interest of justice and equity. ii. Further this Hon'ble Court pleased to direct the Respondent No.5 to 8 to consider the representation dated 01-12-2023 made at Annexure-C, with reference to the Annexure-B dated 30-11-2023. iii. Further this Hon'ble Court may kindly be pleased to grant such other relief/s as deemed fit under the facts and circumstance of the case in the interest of justice and equity." 4. The grievance of the petitioner as sought to be made out during the course of arguments is that the representation submitted by the petitioner on 01.12.2023, at Annexure-C, for providing solid waste segregation work to the petitioner - NGO, has not been considered and further that respondent No.9 has not allotted any work to the petitioner. 5. The petitioner cannot claim allotment of any work by way of a representation to a statutory authority. If works are to be awarded by a statutory authority, the same would have - 5 - HC-KAR CNR: KAHC010334192026 NC: 2026:KHC:36089 WP No. 15334 of 2026 to be done by following the due procedure under the Karnataka Transparency in Public Procurements (KTPP) Act, 1999, by way of tendering the said works. It is always available for the petitioner to participate in such tenders and if successful, the work would be awarded. No work can be awarded on the basis of a letter/representation. A letter/representation cannot be a source of securing work from a statutory organization. 6. No ground being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE ND List No.: 1 Sl No.: 54