- 1 - HC-KAR NC: 2026:KHC:5699 WP No. 2881 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2881 OF 2026 (GM-TEN) BETWEEN: 1. SRI SOMA REDDY S/O.MUNISWAMY REDDY AGED ABOUT 60 YEARS PROPRIETOR, M/S. VINAYAKA ENTERPRISES, BBMP & PWD CONTRACTOR, NO. 309, 3RD MAIN. 3RD CROSS VINAYAKA TEMPLE ROAD, KAMMANAHALLI MAIN ROAD, BENGALURU - 560 084. 2. SRI. MADHUSUDHAN.S S/O.SOMAREDDY AGED ABOUT 32 YEARS, BBMP PWD CONTRACTOR, NO. 309, 3RD MAIN, 3RD CROSS, VINAYAKA TEMPLE ROAD, KAMMANAHALLI MAIN ROAD, BENGALURU 560 084. …PETITIONERS (BY SRI. D.R. RAVISHANKAR., SENIOR ADVOCATE FOR SRI. SARAVANA S., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5699 WP No. 2881 of 2026 AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPT. BY ITS ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU 560 001. 2. BENGALURU SOLID WASTE MANAGEMENT LIMITED (BSWML) REPT. BY ITS MANAGING DIRECTOR, 1ST & 2ND FLOOR, UNI BUILDING, THIMMAIAH ROAD, VASANTH NAGAR, BENGALURU 560 052. 3. DEPUTY GENERAL MANAGER - I BENGALURU SOLID WASTE MANAGEMENT LIMITED, 1ST FLOOR, BBMP BUILDING, THIMMAIAH ROAD, VASANTH NAGAR, BENGALURU 560 052. 4. CHIEF GENERAL MANAGER (TECHNICAL)-1, BENGALURU SOLID WASTE MANAGEMENT LIMITED, 1ST FLOOR, BBMP BUILDING, THIMMAIAH ROAD, VASANTH NAGAR, BENGALURU - 560 052. 5. TENDER EVALUATION COMMITTEE BENGALURU SOLID WASTE MANAGEMENT LIMITED, BENGALURU REPT. BY ITS SECRETARY 1ST FLOOR, BBMP BUILDING, THIMMAIAH ROAD, - 3 - HC-KAR NC: 2026:KHC:5699 WP No. 2881 of 2026 VASANTH NAGAR, BENGALURU 560 052. …RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY., AG SRI. B. RAVINDRANATH., AGA FOR R1; SRI. S.N. PRASHANTH CHANDRA., ADVOCATE FOR R2 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE REJECTION OF THE PETITIONERS TECHNICAL BIDS DATED 01.01.2026 IN RESPECT OF PETITIONER NO.1 PACKAGES FOR PACKAGE NOS.3 (SARVAGNANAGARA), 4 (SHIVAJINAGAR), 22 (DASARAHALLI-1) AND 33 (BYATARAYANAPURA), AND PETITIONER NO.2 PACKAGES NO.25 (MAHADEVAPURA-2 DIVISION), NO.27 (K.R.PURAM-2ND DIVISION) AND NO.32 (YELAHANKA DIVISION), IN TENDER BID NO. B6199293, B6181252, B6181013, B6135574, B6160810, B6181298, B6199424 AS PER ANNEXURE-C TO C5.; B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO TREAT THE IMPUGNED ERROR IN APPENDIX-I, AS PER ANNEXURE-B TO B5 A CURABLE DEFECT, PERMIT RECTIFICATION, AND CONSIDER THE PETITIONERS TECHNICAL BIDS PACKAGES OF 1ST PETITIONER THAT IS PACKAGE NO.3 (SARVAGNANAGARA), 4 (SHIVAJINAGAR), 22 (DASARAHALLI-1) AND 33 (BYATARAYANAPURA), PETITIONER NO.2 PACKAGES - 4 - HC-KAR NC: 2026:KHC:5699 WP No. 2881 of 2026 NO.25 (MAHADEVAPURA-2 DIVISION), NO.27 (K.R.PURAM-2ND DIVISION) AND NO. 32 (YELAHANKA DIVISION), IN TENDER BID NO.B6199293, B6181252, B6181013, B6135574, B6160810, B6181298, B6199424, AS PER ANNEXURE-C TO C5, AS RESPONSIVE; ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS TO TREAT THE PETITIONERS TECHNICAL BIDS AS RESPONSIVE AND QUALIFIED, OPEN THE FINANCIAL BIDS OF PETITIONERS FORTHWITH CONSIDER PETITIONERS' BIDS FOR AWARD OF CONTRACTS BASED ON EVALUATION CRITERIA. 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 participated in the tenders floated in different packages for solid waste management in Bengaluru. The petitioners' bid is rejected, and according to the petitioners it is only on the ground that the petitioners have acknowledged that they are submitting 'an unqualified' bid. The description of the bid as an 'unqualified' bid [even if - 5 - HC-KAR NC: 2026:KHC:5699 WP No. 2881 of 2026 any] is an inadvertent typographical error because the petitioners have otherwise filed a valid bid. Sri D R Ravishankar, the learned Senior Counsel for the petitioners, submits that this Court must intervene and pass just orders because the petitioners' appeal as against such decision under Section 16 of Karnataka Transparency in Public Procurement Act, 1999 [for short, the KTPP Act'] is not being considered and there is every likelihood of Work Orders being issued. Sri K Shashikiran Shetty, the learned Advocate General, submits as follows. [a] About fifty three appeals have been filed and some of the appellants have already approached this Court. This Court has disposed of these petitions calling upon the Appellate Authority to take up the concerned appeals along with the other appeals. - 6 - HC-KAR NC: 2026:KHC:5699 WP No. 2881 of 2026 [b] In a substantial number of appeals including the appeal filed by the first petitioner, the hearing is concluded. The hearing in the other appeals including the second petitioner's appeal will be completed at the earliest and a decision taken in accordance with law. When queried on the status of the issuance of the Work Order, the learned Advocate General submits that as of date no Work Order has been issued. These submissions are considered in the light of this Court's order dated 19.01.2026 in the writ petition in W.P. No.931/2026. This Court is of the view that this petition must also be disposed of calling upon the Appellate Authority to take up the petitioners' appeal, if not already taken up, for hearing along with the other appeals leaving open all questions for due consideration. - 7 - HC-KAR NC: 2026:KHC:5699 WP No. 2881 of 2026 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-