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2025 DAILYLAW 58935 (KAR)

M/S ADARSH ENTERPRISES v. THE STATE OF KARNATAKA

WP/105753/2023 · 2025-09-15

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12038 WP No. 105753 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105753 OF 2023 (GM-TEN) BETWEEN: M/S. ADARSH ENTERPRISES R/BY. ANTHONY MUTTANNA ALTHANDRA, AGE: 54 YEARS, OCC. BUSINESS, R/O. NO. 209B/18C, DEENABANDHU COLONY, KARWAR ROAD, HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARIAT, URBAN DEVELOPMENT AUTHORITY, VIKAS SOUDHA, BENGALURU-01. 2. THE EXECUTIVE ENGINEER (SWM) HUBLI-DHARWAD MUNICIPA CORPORATION, HUBBALLI, DISTRICT: DHARWAD-580001. 3. THE HUBLI DHARWAD MUNICIAL CORPORATION REPRESENTED BY ITS COMMSSIONER, SIR SIDDAPPA KAMBLI ROAD, HUBBALLI, DISTRICT: DHARWAD-580021. 4. MR. B.S. RAJASHEKHAR AGE: 72 YEARS, OCC. PROPRIETOR, M/S. GEMINI SECURITY AND ALLIED SERVICES, #2345/19, MUKAMBIKA NILAYA, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12038 WP No. 105753 of 2023 2ND FLOOR, 5TH CROSS, NITTUVALLI NEW EXTENTION, DAVANAGERE-577004. …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1; G.K. HIREGOUDAR, ADVOCATE FOR R2 AND R3; KISHOR SATUR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.1 IN APPEAL NO.NAE 20 AHD 2023 DATED 24/07/2023 AT ANNEXURE-J. B) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE WORK ORDER ISSUE BY THE RESPONDENT NO.2 TO THE RESPONDENT NO.4 BY ORDER DATED 22/06/23 AS PER ANNEXURE-K. C) FURTHER A DIRECTION MAY BE ISSUED TO RECALL THE TENDER IN ENTIRETY AND ISSUE FRESH TENDER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of certiorari quashing the impugned order passed by Respondent No.1 in Appeal No.NAE 20 AHD 2023 dated 24/07/2023 at Annexure-J. b. Issue a writ in the nature of certiorari quashing the work order issue by the Respondent No.2 to the Respondent No.4 by order dated 22/06/23 as per Annexure-K. c. Further a direction may be issued to recall the tender in entirety and issue fresh tender. - 3 - HC-KAR NC: 2025:KHC-D:12038 WP No. 105753 of 2023 d. Issue any other order which deems fit to this Hon’ble Court in the interest if Justice and Equity. 2. Learned counsel for the petitioner has filed a memo, stating that the present petition has been rendered infructuous. The memo reads as follows: “The counsel for the Petitioner most humbly submits as under: That, the above said Writ petition has become infructous. In view of the same I am intending to withdraw the petition, hence it prayed that, the Petitioner may kindly be permitted to withdraw the petition in the interest of justice and equity. Hence this memo.” 3. In view of the said memo, and the submission of learned counsel for the petitioner, the petition is dismissed as having been rendered infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 1 Sl No.: 47