A co-operative society running a canteen at New Mangalore Port Trust challenged the Port's communication discontinuing its canteen contract. The court noted the canteen had since been awarded to a private party through tender, rendering the petition infructuous and misconceived, and dismissed it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 52929 OF 2019 (GM-RES)
BETWEEN:
…PETITIONER
(NAVA MANGALURU BANDARU MANDALI (ABSENT))
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
(BY SRI MADANAN PILLAI R., CGC FOR R1;
SRI RAYAPPA Y. HADAGALI, ADVOCATE FOR R2; R3 IS SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 09.12.2019 PASSED BY THE R-2 VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
Heard Sri. Madanan Pillai R., CGC for respondent
No.1 and Sri. Rayappa Y. Hadagli, learned counsel for respondent No.2.
registered under the provisions of Mysuru Co-operative Societies Act, 1959. The petitioner is running a canteen in
NC: 2024:KHC:38746 WP No. 52929 of 2019
New Mangalore Port Trust. The impugned communication refers to discontinuation of the canteen contract in favour of a Co-operative Society and providing subsidy by New Mangalore Port Trust to its employees directly.
NC: 2024:KHC:38746 WP No. 52929 of 2019
regard to the further developments, the present petition is
misconceived. Accordingly, dismissed.
Sd/(K. V. ARAVIND) JUDGE
VBS List No.: 1 Sl No.: 40
1 issue framed by the court
Whether the writ petition challenging the Port Trust's communication discontinuing the canteen contract with the petitioner society was maintainable in light of the subsequent award of the canteen to
2 provisions across 2 enactments
Nava Mangaluru Bandaru Mandali, Sahakari Canteen Niyamitha, Panamburu, Mangalore
Union of India, Ministry of Shipping
New Mangalore Port Trust
The Assistant Registrar Co-operative Societies, Mangalore Sub-Division
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
