- 1 - HC-KAR NC: 2026:KHC:1885 WP No. 631 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 631 OF 2026 (GM-TEN) BETWEEN: HIGH END CONSTRUCTIONS COMPANY, REGISTERED UNDER THE COMPANIES ACT, 2013 HAVING ITS OFFICE AT NO.63, SANJANA PLAZA, KODIGHEHALLI MAIN ROAD, K.R.PURAM, BENGALURU 560 036 REPRESENTED BY ITS PROPRIETOR, MR.BHARATH.S. &PETITIONER (BY SRI. VENKATESH P DALWAI, ADVOCATE FOR SRI. MADHU R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA APPELLATE AUTHORITY UNDER SECTION 23 OF KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS ACT 1999, URBAN DEVELOPMENT AUTHORITY, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1885 WP No. 631 of 2026 VIKAS SOUDHA, BENGALURU- 560 001 REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. 2. BENGALURU SOLID WASTE MANAGEMENT LIMITED, REPRESENTED BY ITS DEPUTY GENERAL MANAGER-1 (DGM-1) NO 1, MILLERS TANK BUND ROAD, GOVINDA CHETTY COLONY, VASANTH NAGAR, BENGALURU 560051. 3. M/S. GLOBAL WASTE MANAGEMENT CELL PVT. LTD. OFFICE AT 10, ATUL NIVAS 1ST FLOOR ROOM NO. 20/21, KHETWADI, 7TH LANE, MUMBAI - 400 004. (AS PER ORDER DATED 13.01.2026) &RESPONDENTS (BY SRI.VIKRAM HUILGOL., SENIOR ADVOCATE FOR; SRI. ADITYA BHAT., ADVOCATE FOR C/R3; SRI. PAWAN KUMAR., ADVOCATE FOR R2; SRI. B. RAVINDRANATH., AGA FOR R1) THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO. 1/TENDER ACCEPTING AUTHORITY TO EXPEDITIOUSLY CONSIDER AND DISPOSE OF THE STATUTORY APPEAL AT - 3 - HC-KAR NC: 2026:KHC:1885 WP No. 631 of 2026 06.01.2026 FILED BY THE PETITIONER UNDER SECTION 23 OF THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS ACT, 1999 AS PER ANNEXURE-C IN ACCORDANCE WITH LAW; B. DIRECT RESPONDENT NO.2 TO REFRAIN FROM FINALIZING OR AWARDING TENDER THE PACKAGE FOR NO.24 (MAHADEVAPURA-1) DURING THE PENDENCY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE RESPONDENT NO.2 (ANNEXURE-C). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has unsuccessfully participated in the tender issued by the second respondent to avail services of solid waste management for package No.P24, Mahadevapura-1 Division. The third respondent is the successful bidder. The petitioner is aggrieved by the third respondent being identified as the L1 bidder [the successful bidder] and therefore - 4 - HC-KAR NC: 2026:KHC:1885 WP No. 631 of 2026 the petitioner filed an appeal as per Annexure-C under Section 23 of the Karnataka Transparency in Public Procurements Act, 1999 [for short, 'the Act']. The petitioner seeks this Court's interference for the following reliefs: [a] Direction to the first respondent [the Tender Accepting Authority] to expeditiously consider and dispose of the statutory appeal dated 06.01.2026. [b] Direction to the second respondent to refrain from finalizing or awarding the tender of Package No.24 [Mahadevapura-1] during the pendency of the statutory appeal. Sri Venkatesh P Dalwai, the learned counsel for the petitioner, is categorical that the petitioner at this stage would not seek for the second relief and the petitioner would request for directions to the first respondent to consider the appeal filed expeditiously or the petitioner's application for immediate relief. In this regard, the learned counsel elaborates that other - 5 - HC-KAR NC: 2026:KHC:1885 WP No. 631 of 2026 unsuccessful bidders have also filed their corresponding appeals which are listed with the first respondent either on 16.01.2026 or 17.01.2026 and that the petitioner's appeal could also be simultaneously listed and considered as afore stated. Sri Vikram Huilgol, the learned Senior Counsel for the third respondent, submits that with the petitioner confining the petition for a direction to the first respondent to expeditiously dispose of the appeal, the third respondent would not oppose such request, but this Court must record that this statement is without prejudice to the third respondent to contest the appeal or the request for interim order on all grounds without being prejudiced by the disposal of this petition. Sri B Ravindranath, the learned Additional Government Advocate is also heard. In the light of the afore, the following: - 6 - HC-KAR NC: 2026:KHC:1885 WP No. 631 of 2026 ORDER The petition stands disposed of calling upon the first respondent to list the petitioner's appeal as well on 16/17.01.2026 and take up the same along with other appeals for due consideration of the petitioner's request for interim order and orders on merits. It is observed that all contentions are left open and that the third respondent shall not be prejudiced by this disposal. Sd/- (B M SHYAM PRASAD) JUDGE AN/-