Dismissed¶37

M/S Lava Kusha Transport v. the State of Karnataka

Karnataka HC10 Feb 2025WP/2605/2025

Case brief

AI extract

What is this about?

Dismissed writ petition (Arts. 226/227) by M/s Lava Kusha Transport against BBMP/BSWML notices dated 03.05.2024 and 15.11.2024 alleging inadequate door-to-door garbage collection performance; contract ran one year from 30.06.2021 with extensions; short term tender notification dated 29.01.2025 issued during pendency; no contractual right beyond contract period; liberty to bid and seek extension of time; N S Sanjay Gowda, J.; 10.02.2025; NC: 2025:KHC:5873.

What did the court decide?

Liberty reserved to the petitioner to apply pursuant to the short term tender notification dated 29.01.2025 and participate in that process; it is also open to the petitioner to submit a representation to the BBMP requesting extension of time for submitting bids. ¶37

M/S Lava Kusha Transport Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶37

Issue for consideration

Whether the petitioner has a contractual right to continue door-to-door garbage collection beyond the period of the contract, and consequently any grievance against the issuance of the short term tender notification. +1 more

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Court's answer

The petitioner, whose contract awarded for one year from 30.06.2021 was extended on a few occasions, cannot have a contractual right to continue door-to-door garbage collection beyond the period of the contract, and cannot have any grievance regarding the issuance of the short term tender notification.

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Ratio / Principle

Since the short term tender has been called for, the work of collecting garbage would have to be awarded to the successful bidder; accordingly, there is no justification to entertain the writ petition, which is dismissed.

¶37

Detailed headnote1 paragraphs

High Court of Karnataka (N S Sanjay Gowda, J.), Writ Petition No. 2605 of 2025 (LB-BMP), decided 10.02.2025: M/s Lava Kusha Transport, a proprietary concern engaged in door-to-door garbage collection for BBMP under a contract awarded for one year from 30.06.2021 and extended on a few occasions, sought quashing of notices dated 03.05.2024 and 15.11.2024 (Annexures-A and B) issued by the Chief General Manager (Tech.), BSWML and the Assistant Executive Engineer alleging inadequate performance, and of the proceeding/file noting and recommendation dated 31.12.2024 (Annexure-C). During pendency, BBMP issued a short term tender notification dated 29.01.2025 calling for bids. Holding that the petitioner has no contractual right to continue collection beyond the contract period and no grievance against the tender notification, and that the work must be awarded to the successful bidder, the Court found no justification to entertain the petition and dismissed it, reserving liberty to the petitioner to participate in the tender and to seek extension of time for submitting bids.

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NC: 2025:KHC:5873 WP No. 2605 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2605 OF 2025 (LB-BMP)

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BETWEEN:

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M/S LAVA KUSHA TRANSPORT A PROPRIETARY CONCERN, OFFICE AT NO 1, GROUND FLOOR, HOSUR MAIN ROAD. LAVAKUSHA NAGAR (BERITENA AGRAHARA). BANGALORE 560100. REPRESENTED BY PROPRIETOR KRSRINIVASA REDDY, S/OKRRAJAKRISHNA REDDY

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…PETITIONER

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(BY SRI. KALYAN R., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR BEEDI,

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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BANGALORE - 560001.

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THE BRUHAT BENGALURU MAHANAGARA PALIKE, NR SQUARE. BANGALORE-560002 REP BY CHIEF COMMISSIONER

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THE BENGALURU SOLID WASTE MANAGEMENT LIMITED, A REGISTERED COMPANY, (REGISTERED UNDER THE COMPANIES ACT), OFFICE OF THE CHIEF MANAGER (TECH.), 1ST FLOOR, UNI BUILDING, NEW THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU- 560046,

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2 - NC: 2025:KHC:5873 WP No. 2605 of 2025

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REPTD., BY MANAGING DIRECTOR.

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THE ZONAL COMMISSIONER, BANGALORE SOUTH, NR SQUARE, BBMP, BANGALORE - 560002.

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THE CHIEF GENERAL MANAGER(TECH) 1ST FLOOR, UNI BUILDING, BSWML, NEW THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU-560001.

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THE DEPUTY GENERAL MANAGER, BSWML, 1^ST FLOOR, UNI BUILDING, NEW THIMMAIAH ROAD, MILLERS TANK BUND AREA, VASANTH NAGAR, BENGALURU-560046.

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ASSISTANT GENERAL MANAGER, BSWML, BASAVANAGUDI DIVISION, 11TH CROSS, ASHOKNAGAR, BSK FIRST PHASE, 2ND BLOCK, NEAR SHANKARNAG CIRCLE, BANGALORE - 560050.

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THE EXECUTIVE ENGINEER - 1 SOLID WASTE MANAGEMENT, BBMP, OFFICE AT SWM, ROOM NO. 305, 3RD FLOOR, BBMP HEAD OFFICE PREMISES, NARSIMHARAJA SWEAR, BANGALORE - 560002.

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THE ASSISTANT EXECUTIVE ENGINEER, SOLID WASTE MANAGEMENT, BASAVANAGUDI DIVISION, OFFICE AT 11^TH CROSS, ASHOKNAGAR, BSK FIRST PHASE, 2^ND BLOCK, NEAR SHANKARNAG CIRCLE, BANGALORE - 560050.

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…RESPONDENTS

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(BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SRI. NAVEEN CHANDRASHEKAR., ADVOCATE FOR R-2 TO R-9)

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3 - NC: 2025:KHC:5873 WP No. 2605 of 2025

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 03.05.2024 BEARING SA.KAA.NI.A/BHA.GHU/GHA.THYA.NI/PR/12/2023-24 IMPUGNE DNOTICES DATED. 15.11.2024 BEARING NO. SA.PRAVYA/BSWML/BHA/GHU/PR166/24-25 BY R-5 AND 9 AS PER ANNEXURE-A AND B TO THE WRIT PETITION AND CONSEQUENTLY TO QUASH THE IMPUGNED PROCEEDING / FILE NOTING AND RECOMMENDATION OF THE CHIEF GENERAL MANAGER, BSWML AND ZONAL COMMISSIONER, SOUTH ZONE, BBMP BANGALORE DATED. 31.12.2024 AS PER ANNEXURE-C TO THE WRIT PETITION, ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL ORDER

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The prayer in this writ petition is to quash the impugned notices at Annexures-A and B, in which, allegations have been made that performance of the petitioner pursuant to the award of contract was inadequate.

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During the pendency of the writ petition, the BBMP has proceeded to issue a short term tender notification dated 29.01.2025, by which, bids have been called for.

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NC: 2025:KHC:5873 WP No. 2605 of 2025

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It is the admitted case of the petitioner that the contract originally awarded in its favour for a period of one year from 30.06.2021. Though the work order has been extended on a few occasions, the petitioner cannot have contractual right to continue his door to door collection of garbage beyond the period of contract and it cannot have any grievance regarding issuance of short term tender notification.

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It was the contention of the petitioner that the BBMP would proceed to allocate the work of door to door collection of garbage to another contractor, without calling for tenders. Since the tender has now been called for, the work of collecting the garbage would obviously have to be awarded to the successful bidder. In that view of the matter, there is no justification to entertain this writ petition. The writ petition is therefore dismissed .

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5 - NC: 2025:KHC:5873 WP No. 2605 of 2025

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Liberty is, however, reserved to the petitioner to apply pursuant to short term tender notification dated 29.01.2025 and participate in the said process.

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It is also open to the petitioner to submit a representation to the BBMP requesting them to extend the time for submitting the bids.

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Sd/(N S SANJAY GOWDA) JUDGE

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PKS List No.: 1 Sl No.: 70

M/S Lava Kusha Transport v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Lava Kusha Transport v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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