Writ appeals were dismissed as the appellant withdrew the impugned public notice, causing the writ petitions and appeals to cease to operate. The court noted the withdrawal did not preclude future lawful actions.
The writ appeals and pending interlocutory applications were disposed of due to withdrawal of the public notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST 2020
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE ASHOK S. KINAGI
WRIT APPEAL NO.418 OF 2020 (LB-RES) CONNECTED WITH WRIT APPEAL NO.420 OF 2020 (LB-RES)
IN W.A.NO 418 OF 2020
BETWEEN:
…APPELLANT
(BY SRI. K V NARASIMHAN, ADVOCATE)
AND:
CENTRAL VEGETABLE MARKET, MARKET ROAD, MANGALURU – 575 041. D.K.DISTRICT.
8. MATHEW MATHIAS S/O LAWRENCE MATHIAS,
AGED ABOUT 71 YEARS, BUSINESS-VEGETABLE AND TENDER COCONUT WHOLE SALE, SHOP NO.50, CENTRAL VEGETABLE MARKET, MARKET ROAD, MANGALURU – 575 041, D.K.DISTRICT.
….RESPONDENTS
(BY SRI. D.R. RAVISHANKAR, ADVOCATE FOR R-1 TO R-14)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.6725 OF 2020 DATED 02.07.2020.
IN W.A.NO 420 OF 2020
BETWEEN: COMMISSIONER, MANGALURU CITY CORPORATION LALBAGH, M.G. ROAD, MANGALURU-575 003.
…APPELLANT
(BY SRI. K V NARASIMHAN, ADVOCATE)
AND:
STEEL, UTSL STORING FOR RETAIL SALE, SHOP NO.15 (NEW BUILDING) CENTRAL VEGETABLE AND FISH MARKET, MARKET ROAD, MANGALURU-575 041, D.K. DISTRICT.
BUSINESS - BETEL LEAF, ARACANUT AND JAGGERY RETAIL SALE, OPEN YARD (OLD BUILDING) CENTRAL VEGETABLE AND FISH MARKET, MARKET ROAD, MANGALURU -575 041. D.K. DISTRICT
BUSINESS - FANCY SHOP, SHOP NO.01. (NEW BUILDING), CENTRAL VEGETABLE AND FISH MARKET, MARKET ROAD, MANGALURU – 575 041. D.K.DISTRICT.
BUSINESS - FOOD GRAINS, SHOP NO.01 (OLD BUILDING), CENTRAL VEGETABLE AND FISH MARKET, MARKET ROAD, MANGALURU-575 041. D.K.DISTRICT.
BUSINESS - TOYS AND GIFTS SALE, SHOP NO. 76 (OLD BUILDING), CENTRAL VEGETABLE AND FISH MARKET, MARKET ROAD, MANGALURU-575 041. D.K.DISTRICT.
….RESPONDENTS (BY SRI. D.R. RAVISHANKAR, ADVOCATE FOR R-1, R-3 TO R-23; SRI. B.LETHIF, ADVOCATE FOR CAVEATOR / RESPONDENT NO.2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.7015 OF 2020 DATED 02.07.2020.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel appearing for the appellantCommissioner, Mangaluru City Corporation states that the appellant has filed a memo stating that they are withdrawing the public notice dated 7th April 2020 with liberty to take action in accordance with law.
pursuant to the earlier order are taken on record.
Pending interlocutory applications do not survive and the
same stand disposed of.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
rs
Commissioner, Mangaluru City Corporation
K Shivappa
B. Veerappa Devadiga
State of Karnataka
Abhay S. Oka
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
