- 1 - HC-KAR NC: 2026:KHC:5284 WP No. 21521 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 21521 OF 2023 (GM-RES) BETWEEN: 1. SRI. MALLIKARJUNA SWAMI G.R S/O RUDRAPPA G.N PROP. OF M./S MALLIKARJUNA ENTERPRISES AGED: 33 YEARS, R/AT NO.2, 7th MAIN, 3rd CROSS, SUBBANNA GARDEN MARENAHALLI VIJAYANAGAR BENGALURU 560 040 …PETITIONER (BY SRI. DHIRAJ A.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, 1st FLOOR, 3rd GATE, M S BUILDING, BENGALURU 560 001 2. BENGALURU METROPOLITAN TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR ATAL BIHARI VAJPAYEE TTMC CENTRAL OFFICE, B M T C Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5284 WP No. 21521 of 2023 SHANTHINAGAR BENGALURU 560 027 3. CHIEF TRAFFIC MANAGER (COM) (TENDER INVITING AUTHORITY) BENGALURU METROPOLITAN TRANSPORT CORPORATION, TRAFFIC COMMERCIAL DEPARTMENT CENTRAL OFFICE, 2nd FLOOR, K H ROAD, SHANTHINAGAR BENGALURU 560 027 …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1 SRI.P.D.SURANA, ADV., FOR R2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 06.09.2023 PASSED BY THE R-3 CANCELLING THE LICENSE GRANTED IN FAVOUR OF PETITIONER TO UTILIZE THE COMMERCIAL SPACE IN FIRST FLOOR OF KEMPEGOWDA BUS STATION MAJESTIC BENGALURU AND BLACKLISTING PETITIONER FOR A PERIOD OF THREE YEARS PRODUCED AT ANNX-E ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. After arguing the matter for some time, learned counsel for the petitioner drawing attention to Clause 53 of Annexure-R3 which is an "Agreement for grant of License for the Commercial / Official office space available at first floor of the Kempegowda Bus Station", submits that the - 3 - HC-KAR NC: 2026:KHC:5284 WP No. 21521 of 2023 petitioner be relegated to avail the remedy provided under the said clause. 2. The said clause reads as under; "53. Arbitration / Dispute Resolution procedure: 1) In case any dispute arising between the Licensor and the Licensee in respect of the interpretation or performance of any terms and conditions of agreement the same shall be referred to the Managing Director of the BMTC to settle the dispute amicably and whose decision shall be final and conclusive. 2) If the dispute not resolved amiability the aggrieved parties are at liberty to approach the Commercial Court as per the provisions of the Commercial Court Act, at jurisdiction Bengaluru only." 3. Learned counsel for the respondents has no objection for the same. 4. Submission is taken on record. - 4 - HC-KAR NC: 2026:KHC:5284 WP No. 21521 of 2023 5. The petition is disposed of, reserving liberty to the petitioner to avail the remedy as provided under Clause 53 noted above. 6. All contentions are kept open. 7. The petitioner shall initiate proceedings to avail remedy provided thereunder, within fifteen days from the date of receipt of a certified copy of this order. 8. Interim order granted earlier is extended till fifteen days. Sd/- (M.G.S. KAMAL) JUDGE GH List No.: 1 Sl No.: 12