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2026 DAILYLAW 46145 (KAR)

VENKATESH B v. STATE OF KARNATAKA

WP/1592/2026 · 2026-01-21

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3348 WP No. 1592 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1592 OF 2026 (GM-TEN) BETWEEN: 1. VENKATESH B S/O LATE BALLAPPA, AGED ABOUT 49 YEARS, NO. 27, CHAMUNDINAGAR MAIN ROAD, RT NAGAR POST, BANGALORE-560 032. 2. ANJANEYA S/O LINGAPPA, AGED ABOUT 55 YEARS, NO.100, 5TH MAIN, 1ST CROSS, BANERGHATTA ROAD, B CHANDRA NAGAR, ADUGODI, BANGALORE-560 030. …PETITIONERS (BY SRI. SUBRAMANYA R.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3348 WP No. 1592 of 2026 VIDHANA SOUDHA, BENGALURU-560 001. 2. THE ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA BENGALURU - 560 001. 3. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY ITS COMMISSIONER, NR SQUARE, BENGALURU-560 002. 4. BANGALORE SOLID WASTE MANAGEMENT LIMITED REP. BY ITS MANAGING DIRECTOR, NO. 30/1, THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU-560 052. 5. DEPUTY GENERAL MANAGER-I BANGALORE SOLID WASTE MANAGEMENT LIMITED, NO. 30/1, THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU-560 052. …RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY., AG; A/W. SRI. B. RAVINDRANATH., AGA FOR R1 AND R2; SRI. PRASHANTH CHANDRA. S N., ADVOCATE FOR R3 TO R5) - 3 - HC-KAR NC: 2026:KHC:3348 WP No. 1592 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS (ANNEXURE A) DATED 03.01.2026 SUBMITTED BY THE PETITIONERS, IN ACCORDANCE WITH THE PRESCRIBED TENDER NORMS; B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE APPEAL FILED BY PETITIONERS DATED 01.01.2026 (ANNEXURE -B AND B2) DATED IN ACCORDANCE WITH THE PRESCRIBED TENDER NORMS ALTERNATIVELY; C) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CREATE AN AVENUE ENABLING THE PETITIONERS TO PREFER AN APPEAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have sought for directions to the Appellate Authority to consider their appeal under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 with a further direction to this authority to consider their representations [as - 4 - HC-KAR NC: 2026:KHC:3348 WP No. 1592 of 2026 per Annexures A to B - B2]. Sri R.Subramanya, the learned counsel for the petitioners, and Sri K. Shashi Kiran Shetty, the learned Advocate General who appears not only for the State but also for the other respondents, state that this Court has disposed of the Writ Petitions in W.P.Nos.631/2026 and 931/2026 [GM-TEN] on terms such as that the Appellate Authority shall take up the corresponding appeals along with the other appeals for due consideration leaving open all questions to be considered and reserving liberty to the petitioners to file additional documents. Sri K.Shashi Kiran Shetty submits that this writ petition could also be disposed of in the afore terms but with Sri R. Subramanya stating that this Court may direct the Appellate Authority also to consider the representations as certain grounds are raised for complete adjudication in the appeal. The petition stands disposed of calling upon the Appellate - 5 - HC-KAR NC: 2026:KHC:3348 WP No. 1592 of 2026 Authority to take up the petitioners' appeals for due consideration along with the other appeals observing that all questions are left open for due consideration. Insofar as the petitioners' request for directions to the Appellate Authority to consider their representation, this Court must observe that the petitioners must file a separate application to raise additional grounds and if they file such application, the Appellate Authority must also consider the same as that would be more efficacious than directing the Appellate Authority to consider the representation separately. The petition stands disposed of accordingly SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr