Petitioners challenged a public auction notification seeking allotment of market stalls. Counsel submitted the petition became infructuous as petitioners were already in possession via the tender. The High Court dismissed the petition as infructuous.
The writ 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.
NC: 2023:KHC-D:11000 WP No. 102915 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102915 OF 2015 (LB-RES)
BETWEEN:
MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR
ALL PETITIONERS NO.1 TO 3 ARE R/O: 17TH WARD, SADHASHIVA NAGAR, BEHIND KRISHNA GAS AGENCY, BALLARI ROAD, SIRUGUPPA, BALLARI DISTICT.
(BY SRI V. SHIVARAJ HIREMATH, ADVOCATE)
AND:
…PETITIONERS
AGE: MAJOR, R/O. WARD NO. 19, SIRUGUPPA, BALLARI DISTRICT.
…RESPONDENTS (BY SRI P.N. HATTI, HCGP FOR R1; SRI B. SHARANABASAWA, ADV. FOR R2; R3 TO R16 ARE DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED PUBLIC AUCTION NOTIFICATION DATED 23.05.2014 IN KRA.SANKE.PUSASI:LILAU:2014-15 PUBLISHED BY THE RESPONDENT NO.2 VIDE ANNEXURE:G-1 IN SO FAR AS 2 STALLS ARE CONCERN AND CONSEQUENTLY TO QUASH ALL FURTHER PROCEEDINGS IN PURSUANCE OF THE TENDER NOTIFICATION; ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 TO ALLOT 2 STALLS TO THE 2ND PETITIONER IN NEWLY CONSTRUCTED BUILDING BELONGS TO
NC: 2023:KHC-D:11000 WP No. 102915 of 2015
RESPONDENT NO.2 SITAUTED AT SIRUGUPPA TOWN, BELLARY DISTRICT, IN ACCORDANCE WITH THE GOVERNMENT CIRCULAR DATED 26.10.2009 BEARING NO. SANKE.NA A E/221/GEL/2009 VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Both the counsel on record submit that petitioners are put in possession of the stalls pursuant to their participation in the tender and therefore, the captioned petition has become infructuous. Submission is taken on record.
dismissed as having become infructuous.
ALB
Sd/JUDGE
List No.: 1 Sl No.: 0
1 issue framed by the court
Whether the writ petition filed to quash a public auction notification stands good when the petitioners are already in possession of stalls pursuant to a tender.
1 provisions across 1 enactments
B.V. NAGARATHNAMMA W/O. LATE B. VEERAIAH SETTY
SRI B.V. NARAYANA MURTHY S/O. LATE B. VEERAIAH SETTY
SRI B.V. PANEENDRA KUMAR S/O. LATE. B. VEERAIAH SETTY
THE STATE OF KARNATAKA
TOWN MUNICIPALITY, SIRUGUPPA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
