In a preliminary hearing, the Court held that the impugned communication expiring of the underlying contract meant the relief sought no longer survived for consideration. The petition was dismissed accordingly.
None, as the petition was dismissed for non-survival of the issue due to contract expiration.
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 AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.3185 OF 2016 (LB-RES)
BETWEEN :
SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, NO. 15, CHIKKASANDRA, HESARAGHATTA MAIN ROAD, BENGALURU 560090. REP BY ITS PRINCIPAL, DR. C. M. RAMESH
...PETITIONER
(BY SRI.RAVISHANKAR.S.S., ADV.)
AND :
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NO. 01, KHB COLONY, BASAVESHWARA NAGARA, MAGADI ROAD, BENGALURU 560079
...RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 11.1.2016 PASSED BY THE R-2 VIDE ANN-D;DIRECT THE R-2 TO CONTINUE THE AGREEMENT DATED 6.12.2014 VIDE ANNX-C AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed challenging the
communication dated 11.01.2016 issued by the third respondent withdrawing the contract awarded in favour of the petitioner.
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has expired, the impugned communication has spent force. Hence, the relief sought in this petition does not survive for consideration.
Accordingly, petition is dismissed as it does not survive for consideration.
Sd/JUDGE
RKA
1 issue framed by the court
Whether a writ petition challenging the withdrawal of an expired contract survives for consideration.
1 provisions across 1 enactments
SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER
STATE OF KARNATAKA
THE DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE
BENGALURU RURAL PANCHAYATH
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
