Karnataka High Court
K Amaresh vs The Director And Ors on 5 September, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-K:6871
WP No. 201822 of 2023
C/W WP No. 200918 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.201822 OF 2023 (APMC)
C/W
WRIT PETITION NO.200918 OF 2023(APMC)
IN WP NO.201822/2023
BETWEEN:
K.AMARESH S/O RAMKRISHNA KATKAM,
AGE: 55 YEARS, OCC: BUSINESS,
SHIVAPREEYA INDUSTRIES FRIED GRAMS
MANUFACTURES R/O DOOR NO.9-3-51,
PATEL ROAD, RAICHUR,
TQ. AND DIST. RAICHUR
NOW R/o FLAT NO.1
ASHIRWAD APARTMENT,
JAVAHAR NAGAR
RAICHUR-584101.
Digitally signed
by ...PETITIONER
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: HIGH (BY SRI MAHANTESH PATIL, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE DIRECTOR AGRICULTURE MARKET
DEVELOPMENT NO.10, 2ND CROSS,
RAJ BHAVAN ROAD, P.B.NO.5309
BANGLORE 560065.
2. THE APMC THROUGH ITS
PRESIDENT CHAIRMAN
RAICHUR:584101.
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NC: 2024:KHC-K:6871
WP No. 201822 of 2023
C/W WP No. 200918 of 2023
3. THE SECRETARY
APMC, RAICHUR 584101.
4. THE ASST. DIRECTOR
APMC, RAICHUR 584101.
...RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1;
BY SRI KRUPA SAGAR PATIL, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED NOTICES DATED 03.04.2023 BEARING
NO.PÀ.æ ¸ÀA:PÀÈ.G.ªÀiÁ.¸À,gÁ/¤AiÀÄ«/05/2023-24 ANNEXURE-M
12.04.2022 BEARING NO.PÀ.æ ¸ÀA.PÀÈ.G.ªÀiÁ.¸À,gÁ/¤AiÀÄ«/33/
2023-24 ANNEXURE-N1, THIRD NOTICE DATED 24.05.2023
BEARING NO.PÀ.æ ¸ÀA.PÀÈ.G.ªÀiÁ.¸À,gÁ/£Áå«/204/2023-24
ANNEXURE-P AND FOURTH NOTICE DATED 03.06.2023
BEARING NO. PÀ.æ ¸ÀA.PÀÈ.G.ªÀiÁ.¸À,gÁ/£Áå«/251/2023-24
ANNEXURE-Q ISSUED BY THE RESPONDENT NO.3 IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN WP NO.200918/2023:
BETWEEN:
K. AMARESH S/O RAMKRISHNA KATKAM,
AGE: 55 YEARS, OCC. BUSINESS,
SHIVAPREEYA INDUSTRIES FRIED GRAMS
MANUFACTURERS, R/O. DOOR NO. 9-3-51,
PATEL ROAD, RAICHUR,TALUK AND
DIST. RAICHUR, NOW R/O. FLAT NO.1,
ASHIRWAD APARTMENT, JAVAHAR NAGAR,
RAICHUR-584101.
...PETITIONER
(BY SRI. MAHANTESH PATIL, ADVOCATE)
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NC: 2024:KHC-K:6871
WP No. 201822 of 2023
C/W WP No. 200918 of 2023
AND:
1. THE DIRECTOR,
AGRICULTURE MARKET DEVELOPMENT,
NO.10, 2ND CROSS,
RAJ BHAVAN ROAD, P.B. NO.5309,
BENGALURU-560065.
2. THE APMC THROUGH ITS
PRESIDENT/CHAIRMAN,
RAICHUR-584101.
3. THE SECRETARY
APMC, RAICHUR-584101.
4. THE ASST. DIRECTOR,
APMC, RAICHUR-584101.
...RESPONDENTS
(BY SRI. SHIVAKUMAR R. TENGLI, AGA FOR R1;
SRI. KRUPA SAGAR PATIL, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED TENDER NOTIFICATION, BEARING NO.
PÀ.æ ¸ÀA.PÀÈG.ªÀiÁ.¸À.gÁ/C©üPÉ/1501/2022-2023 DATED 24.02.2023,
(PUBLISHED IN DAILY NEWS PAPER RAICHUR VAANI EDITION
DATED 28.02.2023), VIDE ANNEXURE-J, ISSUED BY THE
RESPONDENT NO.2 AND 3, IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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NC: 2024:KHC-K:6871
WP No. 201822 of 2023
C/W WP No. 200918 of 2023
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
i. Issue a writ in the nature of certiorari to quash
the impugned notices dated 03.04.2023
bearing NO.PÀ.æ ¸ÀA:PÀÈ.G.ªÀiÁ.¸À,gÁ/¤AiÀÄ«/05/2023-24
Annexure-M 12.04.2022 bearing NO.
PÀ.æ ¸ÀA.PÀÈ.G.ªÀiÁ.¸À,gÁ/¤AiÀÄ«/33/2023-24 Annexure-
N1, third notice dated 24.05.2023 bearing
NO.PÀ.æ ¸ÀA.PÀÈ.G.ªÀiÁ.¸À,gÁ/£Áå«/204/2023-24 Annexure-
P and fourth notice dated 03.06.2023 bearing
No. PÀ.æ ¸ÀA.PÀÈ.G.ªÀiÁ.¸À,gÁ /£Áå«/251/2023-24
Annexure-Q issued by the respondent no.3 in
the interest of justice and equity and etc.,
ii. Issue a writ in the nature of mandamus
directing the respondent No.1 to 4 to consider
the application of the petitioner afresh as per
judgment passed in O.S.No.106/2011 by the II
Addl.Civil Judge and JMFC-IV at Raichur by
considering the representation dated
01.04.2023 vide Annexure-L.
iii. Issue such other writ or order or direction as
this Honourable court deems just and proper
under the facts and circumstances of the case
and allow this writ petition, in the interest of
justice and equity.
i. Issue a writ in the nature of certiorari to quash
the impugned tender notification, bearing No.
NC: 2024:KHC-K:6871
PÀ.æ ¸ÀA.PÀÈG.ªÀiÁ.¸À.gÁ/C©üPÉ/1501/2022-2023 dated
24.02.2023, (published in Daily News Paper
Raichur Vaani Edition dated 28.02.2023), vide
Annexure-J, issued by the respondent No.2 and
3, in the interest of justice and equity.
ii. Issue a writ in the nature of mandamus
directing the respondent No.1 to 4 to consider
the application of the petitioner a fresh as per
judgment passed in O.S.No.106/2011 by the II
Addl. Civil Judge and JMFC-IV at Raichur by
considering the legal notice dated 17.11.2022
vide Annexure-F.
iii. Issue a writ in the nature of mandamus
directing the respondent No.1 to 4 to
implement the decision taken under resolution
beg No.14/5 and proposal sent by respondent
Nos.2 and 3 dated 16.08.2022 to the
respondent No.1 vide Annexure-H, in the
interest of justice and equity.
2. A memo dated 05.09.2024 has been filed by the
petitioner and the same is signed by the petitioner as
well as counsel for the petitioner seeking withdrawal
of the writ petitions. The said memo reads as under:
"It is submitted that, the petitioner
has settle the matter out of Court with
respondents and the petitioner is not
interest in the matter. Hence the above writ
petitions may kindly be dismissed as
withdrawn, in the interest of justice and
equity.
Hence, this memo."
NC: 2024:KHC-K:6871
3. Placing the said memo on record, writ petitions are
dismissed as withdrawn.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
VNR
