SRI. MANJUNATH. Y. N. vs THE CHIEF COMMISSIONER
- Court
- Karnataka High Court
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HC-KAR
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WP No. 21766 of 2026
C/W WP No. 20258 of 2026
WP No. 20873 of 2026
CNR: KAHC010487172026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 21766 OF 2026 (GM-TEN)
C/W
WRIT PETITION NO. 20258 OF 2026 (GM-TEN)
WRIT PETITION NO. 20873 OF 2026 (GM-TEN)
IN WP No. 21766/2026
BETWEEN:
1. SRI. MANJUNATH. Y. N.
S/O. NARAYAN.P,
AGED ABOUT 34 YEARS,
RESIDING AT NO.6, 5TH MAIN,
7TH CROSS, SANNAKKI BHAYALU,
KAMAKSHI PALYA,
BASAVESHWARANAGAR POST,
BENGALURU - 560079.
2. SRI. VENUGOPAL VENKATARAMU,
S/O. N.VENKATARAMU,
AGED ABOUT 44 YEARS,
RESIDING AT NO.42, 5TH CROSS,
NEAR YDIT ENGINEERING COLLEGE,
MANJUNATHA NAGAR,
RAGHUVANAHALLI,
TALAGHATAPURA POST,
BENGALURU 560062.
…PETITIONERS
(BY SRI. V. VIJAYA SHANKARA GOWDA, ADVOCATE FOR
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SRI. VENKAT KUMARA S.,ADVOCATE)
AND:
1. THE CHIEF COMMISSIONER
GREATER BENGALURU AUTHORITY,
CENTRAL ZONE, N.R SQUARE,
BENGALURU-560 002.
2. THE JOINT DIRECTOR
OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
CENTRAL ZONE, N.R SQUARE,
BENGALURU-560 002.
3. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU CENTRAL CORPORATION, ZONE 1,
UTILITY BUILDING,
BENGALURU - 560 001.
4. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU CENTRAL CORPORATION,
ZONE 2, SHESHADRIPURAM,
BENGALURU - 560 020.
5. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU NORTH CORPORATION,
ZONE 1, BYTARAYANAPURA,
BENGALURU - 560 092.
6. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU NORTH CORPORATION, ZONE 2,
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BAGALGUNTE, BENGALURU - 560 073.
7. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU SOUTH CORPORATION, ZONE 1,
JAYANAGARA, BENGALURU - 560 011.
8. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU SOUTH CORPORATION,
ZONE 2, BOMMANAHALLI,
BENGALURU - 560 068.
9. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU EAST CORPORATION,
ZONE 1, K.R PURA, BENGALURU - 560 036
10. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU EAST CORPORATION,
ZONE - 2, K.R PURA, BENGALURU - 560 036.
11. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU WEST CORPORATION,
ZONE 1, RAJARAJESHWARI NAGARA,
BENGALURU - 560 091.
12. THE SENIOR ASSISTANT
DIRECTOR OF HORTICULTURE,
GREATER BENGALURU AUTHORITY,
BENGALURU WEST CORPORATION,
ZONE 2, MALLESHWARAM,
BENGALURU - 560 003.
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…RESPONDENTS
(BY SRI. N R JAGADEESWARA., ADVOCATE FOR R1 TO R12)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER IN
THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE
IMPUGNED RANDOMIZATION OF WORK ALLOCATION ORDER
VIDE NO. BSCC/2026-27/LOT17 DATED 05.06.2026 ISSUED
BY RESPONDENT NO.8 AS PER ANNEXURE - B.
IN WP NO. 20258/2026
BETWEEN:
1. SHIVANNA
S/O.MASTHI GOWDA
AGED ABOUT 47 YEARS
PERMANENT ADDRESS
NO.5, NEAR SRI BALLALINGESWARA TEMPLE
MAKALI, RAMANAGAR KARNATAKA-562 108
PRESENTLY AT MATHRUSHREE NILAYA
NO.155, II CROSS,
JAGAJYOTHI LAYOUT NAGADEVANAHALLI
BENGALURU-560 056
...PETITIONER
(BY MS. DEVI SOWMYA L.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY SECRETARY FOREST AND ENVIRONMENT
DEPARTMENT M S BUILDING
BENGALURU- 560 001
2. THE CHIEF COMMISSIONER
GREATER BENGALURU AUTHORITY,
CORPORATION CIRCLE, N.R SQUARE,
BANGALORE - 560 002,
3. THE COMMISSIONER
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BENGALURU NORTH CITY CORPORATION
BELLARY ROAD, AMRUTHAHALLI MAIN ROAD
BYATARAYANAPURA BENGALURU - 560 092
4. THE ASSISTANT CONSERVATOR OF FORESTS
BENGALURU NORTH CITY CORPORATION(BNCC)
KEMPANAHALLI MAIN ROAD,
ATTURU LAYOUT ATTURU FOREST
NURSERY BENGALURU - 560 064
...RESPONDENTS
(BY SRI. SHIVA REDDY V, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE SHORT
TERM TENDER NOTIFICATION THROUGH KPPP-PORTAL
ONLY(RE TENDER) BEARING NO.ACF/BNCC/TENDER/07/2026-
27 DATED 24.06.2026 IN RESPECT OF THE TREE CANOPY
MANAGEMENT FOR THE YEAR 2026-27 INVITED BY THE
ASSISTANT CONSERVATOR OF FORESTS, BNCC-RESPONDENT
NO.4 UNDER THE WORKS CATEGORY FOR 14
CONSTITUENCIES FALLING UNDER THE BENGALURU NORTH
CITY CORPORATION AS PER ANNEXURE-G.
IN WP NO. 20873/2026
BETWEEN:
1. K. C. KRISHNEGOWDA
S/O.LATE CHIKKALINGEGOWDA
AGED ABOUT 58 YEARS
PERMANENT ADDRESS
NO.77. KARASAVADI
KOTTHATHI HOBLI
SANTHEKASALAGERE POST
MANDYA-571 043
2. HN CHENDRASHEKHARA
S/O.NINGAIAH
AGED ABOUT 47 YEARS
PERMANENT ADDRESS K
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OTTATHI HOBLI,
MANDYA TALUK
CHANNAPPANA DODDI
BELUR-MANDYA
KRISHNARAJPET MANDYA-571 404
...PETITIONERS
(BY MS. DEVI SOWMYA L.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY SECRETARY
FOREST AND ENVIRONMENT DEPARTMENT
MS BUILDING BENGALURU-560 001
2. THE CHIEF COMMISSIONER
CORPORATION CIRCLE,
GREATER BENGALURU AUTHORITY.
N.R SQUARE, BANGALORE-560 002.
3. THE COMMISSIONER
BENGALURU NORTH CITY CORPORATION
BELLARY ROAD.
AMRUTHAHALLI MAIN ROAD
YATARAYANAPURA
BENGALURU-560 092
4. THE ASSISTANT CONSERVATOR OF FORESTS
BENGALURU NORTH CITY CORPORATION(BNCC)
KEMPANAHALLI MAIN ROAD,
ATTURU LAYOUT
ATTURU FOREST NURSERY
BENGALURU -560064
...RESPONDENTS
(BY SRI. SHIVA REDDY V, AGA FOR R1
SRI. PAVAN KUMAR.,ADVOCATE FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO TENDER ISSUE A WRIT
IN THE NATURE OF CERTIORARI BY QUASHING THE SHORT
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TERM NOTIFICATION THROUGH KPPP-PORTAL ONLY BEARING
NO.ACF(BNCC)/KPPP/TEND/14/2026-27 DATED 30.06.2026 IN
RESPECT OF THE RAISING AND MAINTENANCE OF MONSOON
PLANTATION FOR THE YEAR 2026-27 AND ITS MAINTENANCE
OF 2027-28 AND 2028-29 INVITED BY THE ASSISTANT
CONSERVATOR OF FORESTS, BNCC-RESPONDENT NO.4
UNDER THE WORKS CATEGORY FOR 14
CONSTITUENCIES/WARDS FALLING UNDER THE BENGALURU
NORTH CITY CORPORATION AS PER ANNEXURE-E.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petitions are filed seeking for the following
reliefs:
In WP No. 21766/2026
" Ϩ ) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No.BSCC/2026-27/LOT17
dated: 05.06.2026 issued by Respondent No.8 as per
ANNEXURE - B,
II) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No. BSCC/2026-27/LOT15
dated: 14.05.2026 issued by Respondent No.7 as per
ANNEXURE - C,
III) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No.BWCC/2026-27/LOT17
dated: 19.05.2026 issued by Respondent No.12 as per
ANNEXURE - D,
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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IV) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No. BECC/2026-27/LOT14
dated: 22.05.2026 issued by Respondent No.9 as per
ANNEXURE - E,
V) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No.BECC/2026-27/LOT15
dated: 22.05.2026 issued by Respondent No.10 as per
ANNEXURE - F,
VI) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No. BWCC/2026-27/LOT19
dated: 22.05.2026 issued by Respond No.10 as per
ANNEXURE - G,
VII) Be pleased to issue an order in the nature of writ of
Certiorari b quashing the impugned randomization of
work allocation order vide No. BCCC/2026-27/LOT16
dated: 27.05.2026 issued by Respondent No.s as per
ANNEXURE - H,
VIII) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No.BCCC/2026-27/LOT17
dated: 05.06.2026 issued by Respondent No.3 as per
ANNEXURE - J,
IX) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No.BNCC/2026-27/LOT33
dated: 04.07.2026 issued by Respondent No.5 as per
ANNEXURE - K,
X) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned randomization of
work allocation order vide No.BNCC/2026-27/LOT34
dated: 04.07.2026 issued by Respondent No.5 as per
ANNEXURE - L,,
XI) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned short-term tender
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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notification vide No.SADH(Z-2)TENDER/PR/01/20 26-27
dated:04.07.2026 issued by respondent No.12 as per
ANNEXURE - M,
XII) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned short-term tender
notification vide No.SADH(BWCC)/RRN/
TENDER/01/2026-27 dated: 04.07.2026 issued by
respondent No.11 as per ANNEXURE -N,
XIII) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned short-term tender
notification vide No.SADH(JNZ)/TENDER /01/2026-27
dated: 04.07.2026 issued by respondent No.7 as per
ANNEXURE - P,
XIV) Be pleased to issue an order in the nature of writ of
Certiorari quashing the impugned short-term tender
notification vide No.SADH(MDP/KRP)/TENDER//2026-
27dated: 06.07.2026 issued by respondent No.9 is
herein produced at ANNEXURE - Q,
XV) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned short-term tender
notification vide No.SADH/BSCC/Z-2/TENDER/01/2026-
27 dated: 06.07.2026 issued by respondent No.8 as per
ANNEXURE - R,
XVI) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned short-term tender
notification vide No.SADH/(Zone-1)/TENDER/81/2026-27
dated: 06.07.2026 issued by respondent No.3 as per
ANNEXURE - S,
XVII) Be pleased to issue an order in the nature of writ
of Certiorari by quashing the impugned short-term
tender notification vide No.SADH/BCCC/Zone-
02)/TENDER/PR/03/2026-27 dated: 07.07.2026 issued
by respondent No.4 as per ANNEXURE - T,
XVIII) Be pleased to issue an order in the nature of writ
of Certiorari by quashing the impugned short-term
tender notification vide No.SADH(BNCCC-
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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Z1)/TENDER/01/2026-27 dated: 08.07.2026 issued by
respondent No.5 as per ANNEXURE-V,
XIX) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned short-term tender
notification vide No.SADH(BNCCC-Z2)/TENDER/01/2026-
27 dated:08.07.2026 issued by respondent No.6 as per
ANNEXURE - W,
XX) Be pleased to issue an order in the nature of writ of
Certiorari by quashing the impugned short-term tender
notification vide No.SADH(S)/TENDER/02/2026-27
dated: 10.07.2026 respondent No.10 issued by as per
ANNEXURE - X,
XXI) Pass such other order/s as deems fit by this Hon'ble
court in the facts and circumstances of the case.
XXII) Award the cost of the proceedings as this Hon'ble
Court deems fit, in the interest of justice and equity."
IN WP No.20258/2026
"a) Issue a writ in the nature of certiorari by quashing
the Short Term Tender Notification through KPPP-Portal
only(Re Tender) bearing No.ACF/BNCC/Tender/07/2026-
27 dated 24.06.2026 in respect of the Tree Canopy
Management for the year 2026-27 invited by the
Assistant Conservator of Forests, BNCC- Respondent
No.4 under the works category for 14 constituencies
falling under the Bengaluru North City Corporation as per
ANNEXURE -G.
b) Pass any order or direction as this Hon'ble Court
deems fit under the circumstances of the present case in
the interest of justice and equity."
IN WP No.20873/2026
"a) Issue a writ in the nature of certiorari by quashing
the Short Term Tender Notification through KPPP-Portal
only bearing No.ACF(BNCC)/KPPP/TEND/14/2026-27
dated 30.06.2026 in respect of the "Raising and
Maintenance of Monsoon Plantation" for the year 2026-
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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27 and its maintenance of 2027-28 & 2028-29 invited by
the Assistant Conservator of Forests, BNCC- Respondent
No.4 under the works category for 14
constituencies/wards falling under the Bengaluru North
City Corporation as per ANNEXURE - E.
b) Pass any order or direction as this Hon'ble Court
deems fit under the circumstances of the present case in
the interest of justice and equity."
2. The relevant factual matrix in a nutshell is that being
aggrieved by the tender dated 24.06.2026 issued for Tree Canopy
Management for the year 2026-27; as well as being aggrieved by the
tender notification dated 30.06.2026 issued for 'Raising and
Maintenance of Monsoon Plantation for the Year 2026 as well as its
Maintenance for the Year 2027-28 and 2028-29; as also being
aggrieved by the work orders dated 05.06.2026, 14.05.2026,
19.05.2026 22.05.2026, 27.05.2026 (Annexures B to J to WP
No.21766/2026); as well as the short term tender notifications dated
04.07.2026, 06 .07.2026, 08.07.2026, 10.07.2026 (Annexures K to X
to WP No. 21766/2026), the aforementioned writ petitions are filed.
3. The petitioners are aggrieved by the tender notifications
dated 24.06.2026 and 30.06.2026 since vide the said tender
notifications, reservation has been provided.
4. It is the contention of the petitioners that the works
under the tender do not fall under the definition of "Construction
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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Works" as defined under Section 2(a) of the Karnataka Transparency
1
in Public Procurements Act, 1999 . The work orders and tender
notifications in WP No.21766/2026 are also assailed on the ground
that the said works are not to be granted having regard to the
stipulations contained in Rule 27A of the Karnataka Transparency in
2
Public Procurement Rules, 2000 and hence, the same is liable to be
interfered with.
5. This Court vide interim order dated 16.07.2026
recording a prima facie finding that the tenders in question are not
Construction Contracts and granted stay of the said tender
notifications.
6. Although the learned counsel for the respondents seeks
to justify the impugned tender notifications as noticed above, it is
clear from a bare perusal of the nature of works as contemplated in
the tender that the same does not fall under the definition of Section
2(a) of the Act and the same would not tantamount to a Construction
Contract. The impugned work orders and tender notification in WP
No.21766/2026 also cannot be justified in view of the fact that the
same are issued for maintenance of parks and doorways and do not
1
Hereinafter referred to as the "Act"
2
Hereinafter referred to as the "Rules"
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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fall within the ambit of Construction Works as defined under Rule 27A
of the Rules.
7. In view of the aforementioned, the reliefs sought for by
the petitioners in the present writ petitions merit consideration.
8. Hence, the following:
ORDER
i. The writ petitions are partly allowed;
ii. The tender notifications and work order which are
subject matter of the present writ petitions are hereby
quashed.
iii. This order will not preclude the concerned respondents
from issuing fresh tender notifications in accordance
with law.
iv. Pending IAs., if any, stand disposed of.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
BS,Vmb
List No.: 1 Sl No.: 45