Writ petition filed under Article 226 sought issuance of writ directing release of earnest money deposit. The writ petition was dismissed as the petitioner had refunded the deposit, making the petition infructuous.
Writ petition dismissed as having become infructuous upon refund of EMD by petitioner.
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WP No. 100199 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 100199 OF 2022 (GM-RES)
BETWEEN:
M/S HIND METALS, CITB PLOT NO. 39, RAVINAGAR, 5TH CROSS, INDUSTRIAL ESTATE, GOKUL ROAD, HUBBALLI-580030, REPRESENTED BY ITS PROPRIETOR, R. SIKANDAR BASHA S/O. ABDUL RAHAMAN AGE 70YEARS, OCC. PROPRIETOR OF HIND METALS, R/O. NO. 2/88, NEHARU NAGAR, GOKUL ROAD, TQ. HUBBALI, DIST. DHARWAD.
…PETITIONER
(BY SRI. VISHWANATH S BICHAGATTI, ADV.)
AND:
WP No. 100199 of 2022
AND DRAINAGE BOARD, JALA MANDALI COMPOUND, SIR.M. VISHWESHWARAYYA ROAD, DHARWAD-580001.
…RESPONDENTS
(BY SRI.DAYANAND M BANDI, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO RELEASE THE EARNEST MONEY DEPOSIT (EMD) OF RS.6,95,000/- (RUPEES SIX LAKH NINETY FIVE THOUSAND ONLY) TO THE PETITIONER ALONG WITH THE INTEREST BY CONSIDERING THE REPRESENTATION AT ANENXURE-H DATED 12.11.2020.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 100199 of 2022
ORDER
Learned counsel for the petitioner submits that the petitioner has refunded the EMD and therefore the petition
be dismissed as withdrawn. Memo to this effect is also filed by the council for the petitioner.
In this view of the matter, writ petition is dismissed
as having become infructuous.
sd JUDGE
KGK List No.: 1 Sl No.: 122
M/s Hind Metals
State of Karnataka
Managing Director, Karnataka Water Supply and Drainage Board
Chief Engineer (North), Karnataka Urban Water Supply and Drainage Board
Executive Engineer, Karnataka Urban Water Supply and Drainage Board
N. S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
