Petitioner sought a writ direction to a private limited company to accept his bid for property. The court held the respondent company is not 'State' under Article 12 and disposed of the petition, reserving liberty to approach the appropriate forum.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 22706 OF 2024 (GM-TEN)
BETWEEN:
SRI. HAMMAD BASHEER BYARI, S/O IDDINABBA BYHARI, AGED ABOUT 52 YEARS, R/AT DOOR NO.1503/04, IVORY TOWERS, S K MATHIAS ROAD, FALNIR, MANGALURU – 575 001.
REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
SRI. MOHAMMED ABDUL MAJEED PADINHAR, S/O MOHAMMED SALIH P, AGED ABOUT 53 YEARS, R/AT DOOR NO.15-3-127/11, FLAT NO.103, EXOTICA, S C S HOSPITAL ROAD, BENDOREWEL, BALMATTA, MANGALURU - 575 002.
…PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE)
AND:
THE CHAIRMAN, THE COMMON WEALTH TRUST (INDIA) LTD, 7/1136, SOUTH MANCHIRA ROAD, CALICUT, KERALA 673 001. BY ITS CHAIRMAN T.P.DASAN.
…RESPONDENT
(BY SRI.M.VINAYA KEERTHI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT COMPANY TO ACCEPT THE BID OFFERED BY THE PETITIONER; GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS RESTRAINING THE RESPONDENT COMPANY IN DISPOSING OFF THE PROPERTY TO ANY OTHER PERSON RATHER THAT THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner is seeking for a directive to the respondent-Company to accept the bid offered by the petitioner dated 30.05.2024.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
RKA
List No.: 1 Sl No.: 33
1 issue framed by the court
Whether a private limited company incorporated under the Companies Act falls within 'State' under Article 12, making it amenable to a writ directing acceptance of the petitioner's bid.
2 provisions across 1 enactments
Sri. Hammad Basheer Byari
The Chairman, The Common Wealth Trust (India) Ltd
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
