M/S J G ASSOCIATES vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56613
WP No. 13233 of 2026
CNR: KAHC010296302026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 13233 OF 2026 (GM-TEN)
BETWEEN:
1.
M/S J G ASSOCIATES
REPRESENTED BY ITS PROPRIETOR
SHRI MANJUNATHA B SAGAR
NO. 50, JYOTHI PARADISE, 1ST C MAIN,
VIVEKANANDANAGAR,
KATHRIGUPPE MAIN ROAD,
B.S.K. 3RD STAGE, BENGALURU - 560 085.
…PETITIONER
(BY SRI. NAGABUSHANA M.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS ADDITIONAL
CHIEF SECRETARY, URBAN DEVELOPMENT
DEPARTMENT, VIDHANA SOUDHA,
BENGALURU 560 001.
2. BENGALURU SOLID WASTE
MANAGEMENT LIMITED (BSWML),
REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER, NO. 1, 1ST FLOOR,
UNI BUILDING, THIMMAIAH ROAD,
VASANTH NAGAR, BENGALURU 560 052.
3. THE DEPUTY GENERAL MANAGER - I (DGM-I),
BENGALURU SOLID WASTE MANAGEMENT LIMITED,
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1ST FLOOR, BBMP BUILDING,
THIMMAIAH ROAD, VASANTH NAGAR,
BENGALURU 560 052.
4. THE CHIEF GENERAL MANAGER (TECHNICAL),
BENGALURU SOLID WASTE MANAGEMENT LIMITED,
BENGALURU - 560 052.
5. THE TECHNICAL EVALUATION COMMITTEE,
BENGALURU SOLID WASTE MANAGEMENT LIMITED,
REPRESENTED BY ITS SECRETARY,
BENGALURU - 560 052.
6.
THE ADDITIONAL CHIEF SECRETARY AND
APPELLATE AUTHORITY,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. K. SHASHI KIRAN SHETTY, AG A/W
SRI. SKANDA RAO, AGA FOR R1 & R6
SRI. PRASHANTH CHANDRA S N, ADVOCATE FOR R2 & R5)
THIS WP IS FIELD UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER, OR DIRECTION-A. QUASHING THE
IMPUGNED REJECTION BID NOS DATED PASSED BY THE 2ND AND
3RD RESPONDENTS, BY WHICH THE TECHNICAL BIDS OF THE
PETITIONER M/S. J.G. ASSOCIATES FOR PACKAGE NOS. 2 AND 21
UNDER TENDER BID NO.B6 1329634 B6132953 (CALL-2) WERE
REJECTED ANNEXURE - C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 13233 of 2026
CNR: KAHC010296302026
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed seeking for the following
reliefs:
"A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE Writ, Order, or Direction:
a. Quashing the impugned rejection Bid nos dated passed
by the 2nd and 3rd Respondents, by which the technical
bids of the Petitioner M/s. J.G. Associates for Package
Nos. 2 and 21 under Tender Bid No.B61329634 B6132953
(Call-2) were rejected Annexure - C
b. Quashing the impugned appellate orders dated
04.03.2026 passed by the 6th Respondent the Additional
Chief Secretary & Appellate Authority, Urban
Development Department dismissing the Petitioner's
statutory appeals in a mechanical and non-speaking
manner, without independent examination of the merits,
without application of mind to the banking norms
applicable to the Banker's Certificate, and without regard
to the deliberate discriminatory treatment of the
Petitioner vis-à-vis other bidders. Copies of the impugned
appellate orders are produced as Annexure - F AND F1.
B. AND ISSUE A WRIT OF MANDAMUS or any other
appropriate Writ, Order, or Direction with respect to ALL
33 PACKAGES under Tender No. DGM-
1/BSWML/TEND/08/2025-26 (Call-2), DATED 30.07.2025
Annexure A directing the Respondents to:
a. Forthwith cancel, annul, and set aside the entire
current tender evaluation process for all Package Nos. 1
to 33 under the said Tender Notification No. DGM-
1/BSWML/TEND/08/2025-26 (Call-2), DATED 30.07.2025
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 13233 of 2026
CNR: KAHC010296302026
Annexure A, being vitiated by discriminatory evaluation,
suspected collusion, single-bid dominance, and financial
bids substantially exceeding the Schedule of Rates; and
direct the 2nd Respondent to initiate a fresh, open, and
transparent re-tendering process for all 33 packages in
strict conformity with the KTPP Act, 1999 and applicable
Government guidelines;
b. Immediately terminate and prohibit all post-tender
negotiations currently being conducted or proposed by
the 2nd Respondent BSWML with any bidder in respect of
any of the 33 packages. It is a clear and admitted position
that: (i) financial bids in multiple packages exceed the SR
by approximately 14-15%; (ii) Annexure J: Finance
Department Circular No. FD 128 Exp-12/2021 dated
10.05.2022 Premium Cap of 5% above Schedule of Rates
and (iii) Annexure Ha PWD Circular No. PWD 1359 SO/FC
2001 (P-2) dated 03.12.2002 Guidelines for Conducting
Negotiations before Award of Contractmandates that the
'first choice' in such cases must be rejection and re-
tendering Tender since not negotiation negotiation in such
circumstances eliminates the very ethos of competitive
public procurement and facilitates corrupt practices at the
cost of the public exchequer;
c. Direct the 2nd Respondent to forthwith re-tender all
Package Nos. 1 to 33 under a fresh Tender Notification,
ensuring: (i) a minimum of three genuine and competitive
bids per package; (ii) no acceptance of any financial bid
exceeding 5% above the applicable SR value without
mandatory prior approval of the competent Government
authority; (iii) strict application of uniform and non-
discriminatory evaluation criteria to all bidders; and (iv)
public disclosure of the evaluation report and reasons for
qualification or disqualification of each bidder;
d. Ensure that in the re-tendering process, no single
entity, proprietor, firm, or group of associated or related
entities is awarded more than a reasonable and
proportionate number of packages, so as to prevent
monopolistic concentration of city-wide essential solid
waste management contracts in a single family or group
thereby safeguarding the continuity of essential public
services and the long-term interests of the citizens of
Bengaluru;
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 13233 of 2026
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e. Strictly comply with Para 3.1 of the Annexure - H PWD
Circular No. PWD 1359 SO/FC 2001 (P-2) dated
03.12.2002 which mandates that wherever there is lack
of adequate competition (single bid or fewer than three
bids per package), the Tender Accepting Authority must
mandatorily cancel and re-tender with appropriate
modifications before any contract can be concluded;
f. Direct the 2nd Respondent to forthwith file before this
Hon'ble Court a certified package-wise statement
disclosing: (i) number of bids received per package; (ii)
SR value per package; (iii) financial bid of each qualified
bidder per package; (iv) percentage by which each bid
exceeds the SR; and (v) the identity and inter-
relationship between all bidders across packages And file
affidavit the technical evaluation caried without bias so as
to enable this Hon'ble Court to assess the full extent of
collusion and financial prejudice involved."
2. At the outset, it is pertinent to note that the present
writ petition is presented by the petitioner who is styled as
"M/s. J.G. Associates, represented by its Proprietor, Sri.
Manjunatha B. Sagar". At para 6 of the Writ Petition, it is
averred that the petitioner has submitted his bids for Package
Nos.2 and 21 of the tender dated 30.07.2025 which was for
"Selection of Service Provider for Primary Collection &
Transportation Services in Covered Vehicles along with
Secondary Transportation of Municipal Solid Waste in
Segregated Manner". The said tender dated 30.07.2025
(Annexure-A to the writ petition) was for 33 packages under the
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 13233 of 2026
CNR: KAHC010296302026
1
jurisdiction of the Bruhat Bengaluru Mahanagara Pallike , which
was for a period of 84 months (7 years).
3. Whilst in prayer A, of the writ petition the petitioner
seeks to impugn the rejection of his tender (Annexure C to the
writ petition) as also the orders dated 04.03.2026 passed by the
sixth respondent - Appellate Authority vide prayer B to the writ
petition, the relief is sought for all 33 packages under the said
tender notification dated 30.07.2025.
4. A perusal of the order dated 04.03.2026 (Annexure
F to the writ petition) would indicate that the Appellate
Authority while considering an appeal filed by one "M/s. Lava
Kusha Transport, represented by its authorized Signatory
Director Sri Narayan Ravi Kumar," has dismissed the said
appeal. A perusal of the said order of the appellate authority
indicates that one Shri Manjunath B. Kumar who was stated to
be the consortium member of the appellant -M/s. Lava Kusha
Transport had submitted a written grievance and legal notice
dated 19.01.2026. Further one "JG Associates, Proprietor,
1
hereinafter referred to as "
BBMP"
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 13233 of 2026
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Consortium Member of Mrs. Lava Kusha Transport", has also
submitted a written grievance.
5. The bid document submitted on behalf of the writ
petitioner is not produced along with the present writ petition.
6. It is further forthcoming that the appeal was
presented by a different entity than that of the writ petitioner.
Further, the nature of the appellant entity before the Appellate
Authority is also not clearly described.
7. To a specific query regarding the nature of entity of
the writ petitioner vis-à-vis, the appellant before the Appellate
Authority, the learned counsel for the petitioner submits that
the writ petitioner is a consortium member of the bidder.
However, there is no averment in the writ petition as to the
members of the consortium who presented the bid, the details
of the said members, the entity which preferred the appeal
before the Appellate Authority as well as the right, title or
interest that the petitioner seeks to assert for and on behalf of
the bidder who was stated to be a consortium.
8. Having regard to the fact that the essential details
have not been averred in the present writ petition as noticed
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 13233 of 2026
CNR: KAHC010296302026
above, it is the considered opinion of this Court that such a
petition not be entertained in the discretionary extraordinary
jurisdiction of this Court contained in Article 226 of the
Constitution of India.
9. Accordingly, the present writ petition stands
dismissed.
10. Pending IAs., also stand disposed of.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
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