Citation : 2024 Latest Caselaw 4274 Kant
Judgement Date : 12 February, 2024
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NC: 2024:KHC-D:3199
WP No. 105393 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 105393 OF 2018 (GM-TEN)
BETWEEN:
G.P. JAYAPRAKASH
S/O LATE M. GANGAPRASAD
AGE: 67 YEARS,
OCC: BUSINESS,
R/O: 1-3-278/5 & 6
MEHABOOBIA LAYOUT,
ASHAPUR ROAD, RAICHUR,
DIST: RAICHUR.
...PETITIONER
(BY SRI. RAJASHEKHAR BURJI .,ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF RAILWAYS,
Digitally
signed by
(RAILWAY BOARD),
YASHAVANT
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2024.02.15
BY ITS EXECUTIVE DIRECTOR,
15:17:13
+0530 (TOURISM AND CATERING),
NEW DELHI.
2. SENIOR DIVISIONAL COMMERCIAL LMANAGER
SOUTH WESTERN RAILWAY,
DIVISIONAL OFFICE,
HUBBALLI,
DIST: DHARWAD.
3. GENERAL MANAGER
SOUTH WESTERN RAILWAY,
HUBBALLI,
DIST: DHARWAD.
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NC: 2024:KHC-D:3199
WP No. 105393 of 2018
4. SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTH CENTRAL RAILWAY,
DIVISIONAL OFFICE,
GUNTAKAL.
...RESPONDENTS
(BY SRI. AJAY U. PATIL.,ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
NATURE OF CERTIORARI AND OR ANY OTHER WRIT OR ORDER AND
QUASH THE IMPUGNED TENDER NOTICE DATED:23.07.2018
BRG.NO.H/C79/CATG/BID/STATIC-UNITS/GMU/CATG.STALL/S-6/BAY
/2018 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-H.
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
a. Issue a writ in the nature of Certiorari and or any other writ or order and quash the impugned tender notice dated 23.7.2018 bearing No. H/C79/Catg/bid/static-units/GMU/Catg Stall/S- 6/Bay/2018 issued by the Respondent No.2 vide Annexure-H
b. Issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, thereby commanding the Respondents 1 to 3 to forthwith renew the catering license of the Petitioner for a period of 3 years in terms of Circular 20 of 2017 and other concerned communications and also the judgment of Supreme Court in Civil Appeal Nos. 618-620/2016 in respect of Stall No. 5-6 at Platform No.1 in Bellary Railway Station and thereafter further renew the same for a period of 3 years on expiry of the same.
NC: 2024:KHC-D:3199
c. Pass such other appropriate order as deemed fit to grant in the facts and circumstances of the case in the interest of justice and equity.
2. The memo dated 5.2.2024 has been filed signed by
the counsel for the petitioner which reads as;
"That the petitioner is not intending to pursue the above writ petition, hence the petitioner may be permitted to withdraw the above writ petitioner, with a liberty to approach this Hon'ble Court, if the need arises the Memo may be taken on record in the interest of justice and equity".
3. Accepting the said memo, the petition is dismissed
as withdrawn.
Sd/-
JUDGE
SR
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