A writ petitioner sought mandamus for refund of EMD deposited in three tenders. The Court held the petition was not maintainable as the rejection endorsement was dispatched after a prior related writ was disposed, rendering the instant petition infructuous.
The writ petition was disposed off; no refund ordered.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2021
BEFORE
THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.3273/2021(GM-TEN)
BETWEEN
MAX TRADER NO.12, I MAIN ROAD, CHAKRAVARTHY IYENGAR LAYOUT, SHESHADRIPURAM BANGALORE-560 020 REP. BY ITS PROPRIETRIX MRS PRIYA BIRADAR. ...PETITIONER
(BY SRI: ABHISHEK M R., ADVOCATE)
AND
...RESPONDENTS
(BY SMT: PRATHIMA HONNAPURA, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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DIRECT THE RESPONDENTS TO RETURN THE EMD DEPOSITS AS MENTIONED BELOW
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Advocate.
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petitioner and the writ petition came to be disposed off by the following order:-
“5. In view of the aforesaid decisions, the impugned order therefore cannot be sustained in the eye of law. It is accordingly quashed. However, liberty is granted to the respondent to take an action against the petitioner if so advised, in accordance with law.”
praying for refund of the EMDs came to be rejected by the respondent by endorsement dated 06.01.2020 i.e. after the disposal of the earlier writ petition. On the previous date of hearing, it was asserted by the counsel for the petitioner that no such endorsement has been served upon them. On a query as to whether it is possible for the learned Additional Government Advocate to place on record the material to demonstrate the dispatch of the said endorsement, today, the learned Additional Government Advocate files into Court, a memo enclosing therewith a copy of the endorsement dated
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06.01.2020 and a copy of the tapal register extract 1344 evidencing the dispatch of the endorsement to the petitioner. The endorsement also bears seal and date for having been dispatched on 08.01.2020. Copy of the endorsement is also handed over to the learned counsel for the petitioner.
Writ petition stands disposed off. No costs.
Sd/JUDGE
Chs
1 issue framed by the court
Whether a writ petition for refund of Earnest Money Deposit is maintainable when the deposit was rejected via an endorsement sent after the disposal of a related writ petition.
Max Trader, represented by Mrs. Priya Biradar
Deputy Director, Women and Child Welfare, Mysore District
Deputy Commissioner, Mysore District
G. Narendra
As recorded by the court registry
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