- 1 - HC-KAR NC: 2026:KHC:4683 WP No. 34818 of 2025 C/W WP No. 32551 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34818 OF 2025 (GM-TEN) C/W WRIT PETITION NO. 32551 OF 2025 (GM-TEN) IN WP No. 34818/2025 BETWEEN: M/S PROACTIVE IN AND OUT ADVERITISING PVT LTD., AN OUT ADVERTISING AGENCY HAVING ITS REGISTERED OFFICE AT B WING, SAMKEET APARTMENTS, SANT JANABAI MARG, VILE PARLE (E), MUMBAI-400 057 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI. NAGALA SESHACHALAM JAYKUMAR SON OF LATE SHESHACHALAM, AGED ABOUT 47 YEARS, RESIDING AT NO.1978, KACHARAKANAHALLI, ST. THOMAS TOWN, BENGALURU-560 084 …PETITIONER (BY SRI. V B SHIVAKUMAR.,ADVOCATE) AND: 1. BANGALORE METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMMERCIAL COMPLEX, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027 REPTD. BY ITS MANAGING DIRECTOR 2. MINISTRY OF HOUSING AND URBAN AFFAIRS NO.122-C, NIRMAN BHAVAN, DELHI-110011 REPRESENTED BY ITS SECRETARY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4683 WP No. 34818 of 2025 C/W WP No. 32551 of 2025 3. NATIONAL HIGHWAY AUTHORITY OF INDIA (MINISTRY OF ROAD AND TRANSPORT AND HIGHWAYS) G-5 AND 6, SECTOR 10, DWARKA, NEW DELHI-110075 4. GREATER BANGALORE AUTHORITY KEMPEGOWDA CIVIL HALL, HUDSON CIRCLE, BENGALURU-560 002 …RESPONDENTS (BY SRI. K. SHASHI KIRAN SHETTY., SR. ADVOCATE FOR SRI. MAHESH ARKALGUD SRIKANTH., ADVOCATE FOR R1; SRI. H. SHANTHI BHUSHAN., DSGI., FOR R2; SMT. SHILPA SHAH., ADVOCATE FOR R3; SRI. B.L. SANJEEV., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY APPROPRIATE WRIT OR DIRECTION QUASHING THE E-TENDER DTD. 17.09.2025 IN NO. BMRCL/PD/ADVT/PIERS AND PORTALS/2025-26 EVALUATION CRITERIA AS PROVIDED IN TABLE 12 OF CLAUSE 8.5 AS PER ANNX- A AND ETC. IN WP NO. 32551/2025 BETWEEN: 1. INDIAN OUTDOOR ADVERTISING ASSOCIATION REP.BY.SIDDANAGOUDA B PATIL HEAD OFFICE NO.305, SHREE KRISHNA COMMERCIAL CENTER, NO. 6, UDYOG NAGAR, S.V RAOD, GOREGAON (W), MUMBAI -400062 REG UNDER THE SOCIETIES REGISTRATION ACT, 1860 2. M/S PRAKASH ARTS PVT LTD REP.BY. V.N. MUNI REDDY OFFICE AT NO.120/1, 2ND FLOOR, RAMASADANA COMPLEX, INFANTRY ROAD, BENGALURU-560001 A PRIVATE LIMITED COMPANY. ...PETITIONERS (BY SRI. D.R. RAVISHANKAR., SR. ADVOCATE FOR SRI. BRIJESH PATIL., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:4683 WP No. 34818 of 2025 C/W WP No. 32551 of 2025 AND: 1. BANGALORE METRO RAIL CORPORATION LIMITED REP.BY. MANAGING DIRECTOR 3RD FLOOR, BMTC COMMERCIAL COMPLEX, K. H. ROAD, SHANTHINAGAR, BENGALURI-560027. 2. MINISTRY OF HOUSING AND URBAN AFFAIRS REP. BY.SECRETARY NO. 122-C, NIRMAN BHAWAN, DELHI-110011. 3. NATIONAL HIGHWAY AUTHORITY OF INDIA (MINISTRY OF ROAD AND TRANSPORT AND HIGHWAYS) G-5 AND 6, SECTOR 10, DWARKA, NEW DELHI-110075. 4. GREATER BANGALORE AUTHORITY KEMPEGOWDA CIVIL HALL, HUDSON CIRCLE, BENGALURU -560002. ...RESPONDENTS STREET SMART MEDIA SOLUTION A PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO.1009, 10TH FLOOR, ‘A’ WING, MITTAL TOWERS, M.G. ROAD, BENGALURU-560001. REP BY SMT. B.M. SAVITHA MANAGING PARTNER ...IMPLEADING APPLICANT (BY SRI. K. SHASHI KIRAN SHETTY., SR. ADVOCATE FOR SRI. MAHESH ARKALGUD SRIKANTH., ADVOCATE FOR R1; SRI. H. SHANTHI BHUSHAN., DSGI., FOR R2; SMT. SHILPA SHAH., ADVOCATE FOR R3; SRI. B.L. SANJEEV., ADVOCATE FOR R4 SRI. SHRAVAN S. LOKRE., FOR IMPLEADING ON I.A.2/2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF - 4 - HC-KAR NC: 2026:KHC:4683 WP No. 34818 of 2025 C/W WP No. 32551 of 2025 APPROPRIATE NATURE INCLUDING THE WRIT OF CERTIORARI TO QUASH THE CONDITIONS TO QUASH THE TENDER EVALUATION CRITERIA AS PROVIDED FOR IN TABLE 12 OF CLAUSE 8.5 OF THE TENDER DOCUMENT AT ANNX-A AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner in W.P.No.34818/2025 is before this Court seeking for the following reliefs; i. For a writ in the nature of certiorari or any appropriate writ or direction quashing the E-tender dated 17.9.2025 in No.BMRCL/PD/ADVT/PIERS & Portals/2025-26 evaluation criteria as provided in Table 12 of Clause 8.5 as per Annexure-A. ii. For a writ in the nature of certiorari to quash 5.11 and 6.6 of the E-tender dated 17.9.2025 in No. BMRCL/PD/ADVT/PIERS & Portals/2025-26 which is at Annexure-A. iii. For a writ in the nature of mandamus to 1st Respondent BMRCL to proceed with the Tender evaluation by excluding 5.11, 6.6 and the Tender evaluation criteria at Table No.12 of clause 18.5 only to the extent of S. Nos. 5,7 and 8. iv. For cost of the petition. 2. The petitioners in W.P.No.32551/2025 are before this Court seeking for the following reliefs; I. Issue a writ of appropriate nature including the writ of certiorari to quash the conditions to quash the tender evaluation criteria as provided for in Table - 5 - HC-KAR NC: 2026:KHC:4683 WP No. 34818 of 2025 C/W WP No. 32551 of 2025 12 of clause 8.5 of the tender document at Annexure-A. II. Issue a writ in the nature of certiorari to quash 5.11 and 6.6 of the tender documents at Annexure- A. III. Issue a writ in the nature of mandamus to Respondent No.2-BMRCL, to proceed with the tender evaluation by excluding clause 5.11, 6.6 and the tender evaluation criteria at Table No.12 of clause 18.5 only to the extent at Sl.Nos. 5,7 and 8. IV. Pass such other orders as may be deemed appropriate in the ends of justice and equity. 3. In WP No.34818/2025 the entire tender has been challenged, whereas in WP No.32551/2025 the tender evaluation criteria have been challenged. 4. A memo has been filed by the learned DSGI enclosing the minutes of the meeting of the Board of Directors of the BMRCL dated 19.01.2026 by referring to item No.4/121 of the said minutes of meeting, he submit that the entire tender as floated has been cancelled and direction issued to the Managing Director to refloat the tender by deleting the restrictive conditions and adhering to the - 6 - HC-KAR NC: 2026:KHC:4683 WP No. 34818 of 2025 C/W WP No. 32551 of 2025 guidelines/norms as per GFR applicable for non- Consulting Services. 5. In view of the tender itself being cancelled, the reliefs which have been sought for in both the petitions have been rendered infructuous. 6. Placing the said memo on record, the petitions stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 43