LAWS(KAR)-2019-5-28

RAMAIAH Vs. COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE

Decided On May 27, 2019
RAMAIAH Appellant
V/S
Commissioner, Bruhat Bengaluru Mahanagara Palike Respondents

JUDGEMENT

(1.) The petitioner, who is a contractor engaged in the business of disposal of Solid Waste Management was entrusted with the task of providing personnel and vehicles for transporting Solid Waste generated in Ward No.52, K.R.Puram Ward, Mahadevapura Zone. The work order came to be issued on 15.03.2017 as per Annexure-A. The work order did not stipulate any time period and the petitioner states that he has continued execution of work as per the work order till termination of the work order on 23.01.2019 at Annexure-B by the respondent-Bruhat Bengaluru Mahanagara Palike (BBMP).

(2.) The petitioner states that he has made substantial investment and though the initial work order specified providing for personnel and vehicles, subsequently the petitioner was asked to supply vehicles only. The petitioner states that on 30.01.2019, he received an order dated 23.01.2019 whereby, the work order was terminated with effect from 01.02.2019 citing unsatisfactory supply of Auto Tipper vehicles despite oral warnings. It is also stated that in view of unsatisfactory supply of Auto Tipper vehicles, the municipal Solid Waste Management was interrupted leading to complaints by the public consequently resulting in an adverse impact on public health.

(3.) The petitioner states that after the impugned order was communicated, he represented before the Authority requesting for withdrawal of the order dated 23.01.2019 putting forth his case that there was no fault on his side and at no point of time was there any notice by the BBMP with respect to the faulty execution of the work order and further sought for continuing of the arrangement till fresh tender was to be floated with respect to the work. However, there was no positive response.