- 1 - HC-KAR NC: 2026:KHC:2751 WP No. 931 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 931 OF 2026 (GM-TEN) BETWEEN: 1. G. SRINIVAS GOWDA S/O LATE GIRIYANNA AGED ABOUT 57 YEARS R/AT NO. 1834 3RD A CROSS OFF DR RAJKUMAR ROAD, 2ND STAGE 2ND BLOCK RAJAJINAGAR BANGALORE-560010 2. CHANDRA REDDY S/O LATE VENKATA RAMA REDDY AGED ABOUT 61 YEARS R/AT NO,. 404/16 18TH A MAIN ROAD 13TH CROSS VENKATESHWARA LAYOUT MADIWALA BANGALORE-560068 …PETITIONERS (BY SRI. SUBRAMANYA R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETATY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2751 WP No. 931 of 2026 URBAN DEVELOPMENT DEPARTMENT VISHANA SOUDHA BENGALURU-560001 2. THE KARNATAKA PUBLIC PROCUREMENT PORTAL (KPPP) REPRESENTED BY ITS GOVERNMENT OF KARNATAKA ROOM NO. 109 GATE NO.2 M S BUILDING BENGALURU-560001 3. BRUHAT BENGALURU MAHANAGARA PALIKE REP BY ITS COMMISSIONER NR SQUARE BENGALURU-560002 4. BANGALORE SOLID WASTE MANAGEMENT LIMITED REP BY ITS MANAGING DIRECTOR NO. 30/1 THIMMAIAH ROAD MILLERS TANK BUND AREA VASANTH NAGAR BENGALURU-560052 5. DEPUTY GENERAL MANAGER-I BANGALORE SOLID WASTE MANAGEMENT LIMITED NO. 30/1 THIMMAIAH ROAD MILLERS TANK BUND AREA, VASANTH NAGAR BENGALURU-560052 …RESPONDENTS (BY SRI. K. SHASHI KIRAN SHETTY, AG, SRI. B. RAVINDRANATH, AGA FOR R1 & R2; SRI. PRASHANTH CHANDRA S. N, ADVOCATE FOR R3 TO R5) - 3 - HC-KAR NC: 2026:KHC:2751 WP No. 931 of 2026 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION (ANNX-A-A2) DTD. 17.11.2025, 26.12.2025 AND 09.01.2026 SUBMITTED BY THE PETITIONERS, IN ACCORDANCE WITH THE PRESCRIBED TENDER NORMS; DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE APPEAL FILED BY PETITIONERS DTD. 01.01.2026 AND 02.01.2026 (ANNX-B-B1) DTD. IN ACCORDANCE WITH THE PRESCRIBED TENDER NORMS; QUASH THE ENDORSEMENT DTD. 05.01.2026 (ANNX-C) BEARING NO. DGM- 1/BSWML/PR/947/2025-26 ISSUED BY R-5 AS BEING ARBITRARY, ILLEGAL AND VIOLATIVE OF THE PRINCIPLES OF NATURAL JUSTICE ALTERNATIVELY, DIRECT THE RESPONDENT AUTHORITIES TO CREATE AN AVENUE ENABLING THE PETITIONERS TO PREFER AN APPEAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:2751 WP No. 931 of 2026 ORAL ORDER The petitioners have participated in the Request For Proposal [RFP] floated by the fourth respondent and they are unsuccessful in their participation. If one of the aspects of the petitioners' grievance is about their unsuccessful participation in the tender process, their other grievance is with the Endorsement dated 05.01.2026 [Annexure - C] issued by the fifth respondent on behalf of the fourth respondent. The fifth respondent has informed that the petitioners must file their appeal only through the Karnataka Public Procurement Portal [KPP Portal] within the stipulated time and that no appeal or representation submitted physically or by email will be entertained. 2. The fifth respondent has issued this Endorsement to the first petitioner, and Mr. R. Subramanya, the learned counsel for the petitioners, submits that the second petitioner has joined the first - 5 - HC-KAR NC: 2026:KHC:2751 WP No. 931 of 2026 petitioner because his efforts to file appeal will also meet with the same consequence. Further, Mr. R. Subramanya submits that though different grounds have been urged, this Court could dispose of the petition leaving open all contentions directing the appellate authority under the Karnataka Transparency in Public Procurements Act 1999, to receive the petitioners' appeals for due consideration on merits and their request for interim order. 3. Mr. K. Shashi Kiran Shetty, the learned Advocate General, who appears for the State Government as also the other respondents, submits that the petition could indeed be disposed as now requested leaving open all contentions, but this Court must also observe that the appellate authority can examine whether the petitioners can avail the appellate remedy if they are unsuccessful in their bid because such remedy would be available to them only if their bids were rejected. The learned Advocate - 6 - HC-KAR NC: 2026:KHC:2751 WP No. 931 of 2026 General submits that the petitioners' appeals have now been received and are numbered as Appeal No.63/2026 and No.74/2026. In rejoinder, Mr. R. Subramanya submits that the petitioners are entitled to the appellate remedy if their bids are rejected and even if their bids are treated as unsuccessful for any reason. 4. This Court must observe that if there is unanimity on the disposal of the petition with directions to the appellate authority to consider the petitioners' appeals on merits, including the petitioners' request for interim order, there is divergence on whether the petitioners could assert a right to avail appellate remedy. This Court is of the view that this is an aspect that must also be considered by the appellate authority and this Court could, if there is occasion, examine the outcome even on this aspect. As such, the following: - 7 - HC-KAR NC: 2026:KHC:2751 WP No. 931 of 2026 ORDER [a] The petition stands disposed of calling upon the appellate authority to take up the petitioners' appeals along with the other appeals for due consideration and this direction is subject to the observations as aforesaid as also the observation that all questions are left open for due consideration. [b] The petitioners are also reserved with liberty to file additional documents in support of the appeals. Sd/- (B M SHYAM PRASAD) JUDGE RB