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2026 DAILYLAW 4215 (KAR)

M/S ASSOCIATED HUMAN RESOURCE SERVICE PVT LTD v. THE STATE OF KARNATAKA

WP/9067/2026 · 2026-04-07

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19307 WP No. 9067 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9067 OF 2026 (GM-TEN) BETWEEN: 1. M/S ASSOCIATED HUMAN RESOURCE SERVICE PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT NO.160 RAAM COMPLEX, 2ND BLOCK NAGARABHAVI, 2ND STAGE BENGALURU-560072. REPRESENTED BY ITS MANAGING DIRECTOR MR. H.N. HEMANARAJU AGED ABOUT 55 YEARS. &PETITIONER (BY SRI. PHANIRAJ KASHYAP, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU - 560001. 2. BENGALURU SOLID WASTE MANAGEMENT LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT OFFICE OF THE DEPUTY GENERAL MANAGER-1 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19307 WP No. 9067 of 2026 1ST FLOOR, BBMP BUILDING THIMMAIAH TANK, MILLERS TANK BUND AREA VASANTHNAGAR, BENGALURU 560052. REPRESENTED BY ITS MANAGING DIRECTOR. 3. SHRI. M. SHIVA KUMAR PROPRIETOR, M/S. OLN ENTERPRISES NO.149, 4TH CROSS, LALBAGH ROAD KS GARDEN, BENGALURU 560027. &RESPONDENTS (BY SRI. K. SHASHI KIRAN SHETTY, AG FOR SMT. NAMITHA MAHESH, AGA FOR R1; SRI. PRASHANTH CHANDRA .S.N, ADVOCATE FOR C/R2; V/O/D 23.03.2026, NOTICE TO R3 IS DEFERRED FOR TIME BEING) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. UDD 82 MNY 2026 (E) DATED 04.03.2026 PASSED BY R1 PRODUCED AT ANNEXURE-D 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 - 3 - HC-KAR NC: 2026:KHC:19307 WP No. 9067 of 2026 the Karnataka Transparency in Public Procurements Act, 1999 (for short, <KTTP Act=), produced at Annexure3D. 2. The petitioner, who is undisputedly the successful bidder and declared as L1 bidder 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 appeal preferred by unsuccessful bidder, 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. - 4 - HC-KAR NC: 2026:KHC:19307 WP No. 9067 of 2026 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.: 67