The High Court of Karnataka dismissed the writ petition as infructuous because the temporary license award challenged in the petition was annulled by subsequent orders. Liberty reserved for respondents to recover dues.
The petition was dismissed as having become infructuous.
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.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.47406 OF 2018(GM-RES)
BETWEEN:
MR. K.M.MUSTHAFA S/O MUTHU, AGED ABOUT 41 YEARS, RESIDING AT NO.676/1, EMM MAIN STREET, PERIYATHOTTAM, CHENNIMALAI ROAD, OPP: DIESEL SHED, ERODE-638 001 AND ALSO HAVING TSV STALL AT PLATFORM NO.2, BANGALORE CITY RAILWAYB STATION, BANGALORE CITY – 560 002.
...PETITIONER
(BY SRI. M SRINIVASAN, ADVOCATE)
AND:
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… RESPONDENTS
(BY SRI. ABHINAY Y T, ADVOCATE FOR R1 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF R-2 PERTAINING TO THE LETTER OF AWARD OF CATERING SERVICES THROUGH TSV TRAIN SIDE VENDING AND ALSO THE RELEVENT RECORDS PENDING ON THE FILE OF R-1 TEMPORARY LICENSE FOR PROVISION TO TSV SERVICES AND QUASH THE IMPUGNED AWARD OF TEMPORARY LICENSE FOR PROVISION OF TSV SERVICES IN SR/SECTION –IV (MAS KPD-SBC) PASSED BY R-7 IN FAVOUR OR R-8 ORDER DATED 09.10.2018 VIDE ANNEXURE-F BY TRATING IT AS UNJUST, UNFAIR AND CAPRICIOUS AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The challenge was to the award of temporary licence
vide order dated 09.10.2018 which has been annulled by a subsequent order dated 04.02.2019 and a corrigendum to this effect has been issued on the following day. In view of
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this the contesting respondent is justified in moving a
Memo dated 27.08.2021 which reads as under:
“MEMO
The 7th respondent submits as follows:
1. it is submitted that the present petition has been filed challenging the award of temporary license for provision of TSV Services in SR/Section IV (MAS-KPD-SBC) given by this respondent in favour of 8th respondent vide order dated 9.10.2018 and also for a direction not to take any precipitate action pursuant to award of temporary license.
2. It is submitted that the temporary contract awarded to 8th respondent vide order dated 09.10.2018 was annulled by order dated 04.02.2019 and corrigendum was issued by order dated 05.02.2019. The copy of the order dated 04.02.2019 and 05.02.2019 is herewith produced as Annexure-R1.
3. It is submitted that in light of these developments, the present petition has become infructuous and is liable to be dismissed.
WHEREFORE, it is prayed that this Hon’ble Court may kindly be pleased to take this memo on record and dismiss the petition as having become infructuous, in the interest of justice and equity.”
Added, the version emerging from the Memo is not disputed by the rest of the parties including the petitioner’s side even otherwise, the petition has become
infructuous.
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In the above circumstances, petition is disposed off
as having become infructuous reserving liberty to the contesting respondents to take steps to recover any amount due in accordance with law.
All contentions in this regard are kept open.
No costs.
Sd/JUDGE
Bsv
Mr. K.M.Musthafa
The General Manager, South Western Railway
The Chief Commercial Manager, South Western Railway
The Dy. Chief Commercial Manager, South Western Railway
The Asst. General Manager (CS & RNP)
The Senior Commercial Manager/HQ
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
