M/S. Global Waste Management Cell Pvt. Ltd., Vs State of Karnataka

M/S. GLOBAL WASTE MANAGEMENT CELL PVT. LTD., OFFICE AT 10, ATUL NIWAS, 1^ST FLOOR, ROOM NO.20/21, KHETWADI 7^TH LANE, MUMBAI-400004. REPRESENTED BY ITS ASSISTANT MANAGER (HUMAN RESOURCE) FAISAL ABDUL AZIZ JIWANI

¶11

…PETITIONER

¶12

(BY SRI. K.N. PANEENDRA, SR. COUNSEL FOR SRI. ADITYA BHAT., ADVOCATE)

¶13

AND:

¶14

Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

¶15

STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001 REPRESENTED BY ADDITIONAL CHIEF SECRETARY, SHOWN AS APPELLATE AUTHORITY

¶16

MANAGING DIRECTOR, BSWML, UNI BUILDING. VASANTH NAGAR, BENGALURU-560052

¶17

2 - NC: 2026:KHC:23168 WP No. 13622 of 2026

¶18

HC-KAR

¶19

CHIEF EXECUTIVE OFFICER, BSWML, UNI BUILDING, VASANTH NAGAR, BENGALURU 560052

¶20

CHIEF GENERAL MANAGER BSWML, UNI BUILDING. VASANTH NAGAR, BENGALURU-560052

¶21

ERRA GUNDLA RAMACHANDRAREDDY SANTHOSH M/S. SSRP AGENCY, NO.391, 5^TH MAIN, 1^ST CROSS SADANANDA NAGAR, BENGALURU-560038.

¶22

BHARATH S M/S. HIGH END CONSTRUCTION NO. 63, SANJANA PLAZA, KODIGHEHALLI MAIN ROAD, KR PURAM, BENGALURU-560036

¶23

ANCHI LINGAPPA SATISHKUMAR M/S. SPT ENTERPRISES NO.41, KH ROAD (DOUBLE ROAD), BANGALORE-560027

¶24

DEPUTY GENERAL MANAGER - 1 BSWML, UNI BUILDING, VASANTH NAGAR, BENGALURU-560052

¶25

…RESPONDENTS

¶26

(BY SRI. KARTHIK V, ADVOCATE FOR C/R6 (CP 6938/2026) SRI. PRASHANTH CHANDRA S.N., ADVOCATE FOR C/R2 (CP 6767/2026)

¶27

3 - NC: 2026:KHC:23168 WP No. 13622 of 2026

¶28

HC-KAR

¶29

SRI. K. SHASHIKIRAN SHETTY, AG ALONG WITH SMT. B.G. NAMITHA MAHESH, AGA FOR R1)

¶30

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05/03/2026 PASSED BY R1/APPELLATE AUTHORITY UNDER THE KTPP ACT, 1999 PRODUCED HEREWITH AT ANNEXURE-A IN SO FOR AS THE ORDER SETS ASIDE THE TENDER PROCESS FOR PACKAGE 24 AND DIRECTS ISSUANCE OF A FRESH TENDER BEARING NO. BSWML/2025-26/SE0079/CALL 02 AS PER PETITION CONCERNED. QUASH THE TENDER NOTIFICATION BEARING NO. DGM 1/BSWML/TEND/21/2025-26 DATED 10/03/2026 ISSUED BY R8 AT ANNEXURE E AS PER PETITIONER IS CONCERNED.

¶31

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

¶32

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶33

ORAL ORDER

¶34

The captioned petition is filed by the petitioner, who

¶35

is undisputedly a successful bidder and have been declared as L1 in the respective tender processes. The grievance of the petitioner is directed against the impugned orders passed by the Appellate Authority under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 (for short, ‘KTTP Act’). The

¶36

4 - NC: 2026:KHC:23168 WP No. 13622 of 2026

¶37

HC-KAR

¶38

principal contention urged by the petitioner is that the Appellate Authority, while entertaining appeals filed by unsuccessful bidders, has travelled beyond the permissible scope of its jurisdiction and has virtually undertaken an adjudication on the eligibility of the petitioner, which is impermissible in law.

¶39

This Court, having heard the learned Senior counsel appearing for the petitioner and the learned Additional Government Advocate, had adjourned the matter at the request of the learned Advocate General to enable him to obtain instructions and assist the Court on the scope and ambit of jurisdiction exercisable by the Appellate Authority under Section 16 of the ‘KTTP Act’.

¶40

When the matter was taken up for further

¶41

consideration today, the learned Advocate General, upon instructions, fairly submitted that the Appellate Authority has indeed exceeded its jurisdiction while adjudicating the appeals preferred by the unsuccessful bidders under

¶42

5 - NC: 2026:KHC:23168 WP No. 13622 of 2026

¶43

HC-KAR

¶44

Section 16 of the ‘KTTP Act’. It is fairly conceded that the Appellate Authority could not have embarked upon an enquiry touching upon the eligibility of the successful bidders and consequently could not have issued directions which have the effect of unsettling the concluded tender process.

¶45

In the light of the fair and categorical submission made by the learned Advocate General and on a perusal of the impugned orders, this Court is of the considered view that the Appellate Authority has clearly acted in excess of the jurisdiction vested in it under Section 16 of the ‘KTTP Act’. The findings recorded by the Appellate Authority, insofar as they relate to examining and questioning the eligibility of the petitioner who is a successful bidder are wholly unsustainable in law. Consequently, the impugned orders, to that extent, are liable to be interfered with and set aside.

¶46

6 - NC: 2026:KHC:23168 WP No. 13622 of 2026

¶47

HC-KAR

¶48

It is also brought to the notice of this Court that in W.P.No.8524/2026, the Earnest Money Deposit (EMD) furnished by the petitioner has been returned by the Tendering Authority, purportedly in compliance with the order passed by the Appellate Authority. In view of the present adjudication, the said action of the Tendering Authority cannot be sustained. Accordingly, the Tendering Authority is directed to take cognizance of this order and reconsider the acceptance of the EMD submitted by the petitioner in accordance with law and in the light of the observations made herein.

¶49

In view of the foregoing discussion, this Court proceeds to pass the following:

¶50

ORDER

¶51

(i) The writ petition is allowed.

¶52

(ii) The impugned order dated 05.03.2026 passed by respondent No.1 – Appellate Authority, insofar as they proceed to question

¶53

7 -

¶54

NC: 2026:KHC:23168 WP No. 13622 of 2026

¶55

HC-KAR

¶56

the eligibility of the petitioner and direct initiation of a fresh tender process, is hereby quashed and set-aside.

¶57

(iii) Liberty is reserved to the Tendering Authority to proceed further in the matter strictly in accordance with law and in consonance with the provisions of the ‘KTTP Act’.

¶58

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

¶59

CA List No.: 3 Sl No.: 7

M/S. Global Waste Management Cell Pvt. Ltd., v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S. Global Waste Management Cell Pvt. Ltd., v. 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

Case details

Similar cases

Prestige Projects Private Limited Vs Mr K L a Padmanabhasa

Sunil @ H R Sunil Kumar @ H R Harish Kumar Vs the State of Karnataka

B S Tameem Ahmed Khan Vs the Jammu and Kashmir Bank Ltd.

Sri. M. Ramesh Naik Vs Commissioner

Sri Nagesh Chakenahalli Huchhegowda Vs Union of India

Shanthala Vs Samiulla