KARNATAKA RAILWAY SAHAKARA HALINA MALIGEDARARA KSHEMABHIVRUDHI SANGHA v. THE GOVERNMENT OF INDIA
WP/2533/2020 · 2025-01-10
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15177 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15177 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:1042 WP No. 2533 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 2533 OF 2020 (GM-RES) BETWEEN:
1. KARNATAKA RAILWAY SAHAKARA HALINA MALIGEDARARA KSHEMABHIVRUDHI SANGHA, NO. 19/20, LAKSHMIVENKATESHWARA NILAYA, AMBAA LAYOUT, NEAR APOORVA HOSPITAL, CHIKKABANAVARA BENGALURU-560 090, REPRESENTED BY ITS PRESIDENT. 2. K.M.HALAPPA S/O. MALLAPPA, AGED ABOUT 64 YEARS, NO. 735, 5TH MAIN, 5TH CROSS, VIJAYANAGAR, BANGALORE-560 040. 3. SMT. SUSHILA.S W/O. SUBRAMANI, AGED ABOUT 43 YEARS, R/AT NO. 28, 4TH CROSS, NEAR SUREKHA SCHOOL, K.P.AGRAHARA, MAGADI ROAD, BANGALORE NORTH, BANGALORE-560 023. 4. SMT. UMA.S D/O. LAKSHMAIAH.G, AGED ABOUT 44 YEARS, R/AT NO. 27/3, ST. MARY'S, 3RD CROSS, MEGANAPALYA, CHELAKERE, BANGALORE NORTH, KALYANANAGARA, BANGALORE-560 013. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:1042 WP No. 2533 of 2020
5. SMT. HEMALATHA W/O. N.R.RANGANARASIMHAIYYA, AGED ABOUT 71 YEARS, R/AT NO.5, NANDINI, 6TH MAIN, WEST OF CORD ROAD, NEAR NANDINI HOTEL, SHIVANAGARA, BANGALORE NORTH, RAJAJINAGAR, BANGALORE-560 010. …PETITIONERS (BY SRI. N.SHIVAKUMAR, ADVOCATE)
AND:
1. THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAILWAY BOARD, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE DIRECTOR OF CATERING, RAILWAY BOARD, NEW DELHI-110 001. 3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTH WESTERN RAILWAY, DIVISIONAL OFFICE, COMMERCIAL BRANCH, BENGALURU-560 023. 4. THE KARNATAKA MILK FEDERATION, KMF COMPLEX, P.B.NO. 2915, D.R.COLLEGE POST, DR. M.H.MARIGOWDA ROAD, BANGALORE-560 029. REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. ABHINAY.Y.T., ADVOCATE FOR R1 TO R3;
SRI. K.CHANDRANATH ARIGA., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 3 -
NC: 2025:KHC:1042 WP No. 2533 of 2020
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Abhinay.Y.T., counsel for respondents 1 to 3 and Sri.K.Chandranath Ariga., counsel for respondent No.4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Demand Notices issued by the first respondent vide Annexures-C, C1 to C11 and also to issue a Mandamus directing the respondents to consider the representation dated 20.01.2020, 27.12.2019, 16.12.2019 and 16.12.2019 vide Annexures-D, E, E1 and E2 respectively. 3. Heard the arguments and perused the Writ papers with care. 4.
Counsel Sri.K.Chandranath Ariga., on instruction submits that the petitioners are not carrying business in the premises of Railways. Counsel therefore, submits that an appropriate order may be passed. - 4 -
NC: 2025:KHC:1042 WP No. 2533 of 2020
The oral submission made by counsel for respondent No.4 is placed on record. 5. Taking note of the fact that the petitioners are not running their business in the premises of Railways as of today, the question of issuing a mandamus directing the respondents to consider their representation does not arise at this juncture. The Writ Petition is devoid of merits and is liable to be dismissed. 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 27