- 1 - HC-KAR NC: 2025:KHC-D:9732 WP No. 100748 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100748 OF 2025 (GM-TEN) BETWEEN: SHIVAPUTRAPPA CHANNAPPA ANGADI AGE: 70 YEARS, OCC. BUSINESS, R/O. C/O. S.C. ANGADI, BEHIND VDSTC HIGH SCHOOL, NEAR ANNIGERI PARK, EXTENSION AREA, MASARI, GADAG-582101, TQ. DIST. GADAG. …PETITIONER (BY SRI. C.S SHETTAR AND SMT.KAVYA C. SHETTAR, ADVOCATES) AND: 1. CHIEF MANAGING DIRECTOR NWKRTC, HEAD OFFICE, GOKUL ROAD, HUBBALLI-580030. 2. THE DIVISIONAL CONTROLLER NWKRTC HEAD OFFICE, GADAG, DIVISION GADAG-582101. …RESPONDENTS (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R1 & R2) --- Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9732 WP No. 100748 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. PRAYING TO; A) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER ISSUED BY RESPONDENT NO.2-DIVISIONAL MANAGER, NWKRTC, GADAG BEARING NO.VAKRASA/GAVI/SAM/VA/ 2535/24-25 DATED 25-01-2025 VIDE ANNEXURE-M, B) ISSUE WRIT IN THE NATURE OF DIRECTION TO THE RESPONDENT AUTHORITY TO RE-CONSIDER THE REPRESENTATIONS OF PETITIONER AND ACCORDINGLY CANCEL THE REVOCATION OF CONTRACT, FORFEITURE OF SECURITY DEPOSIT AND ALLOW THE PETITIONER TO CONTINUE WITH THE HOTEL BUSINESS AND TO REMOVE THE PETITIONER FROM THE BLACKLIST. THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: 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 of Certiorari quashing the impugned order issued by Respondent No.2- Divisional Manager, NWKRTC, Gadag bearing No.VAKRASA/GAVI/SAM/VA/2535/24-25 dated 25-01-2025 vide ANNEXURE-M. B) Issue writ in the nature of direction to the Respondent authority to re-consider the representations of petitioner and accordingly cancel the revocation of contract, forfeiture of security deposit and allow the petitioner to continue with the hotel business and to remove the petitioner from the blacklist. - 3 - HC-KAR NC: 2025:KHC-D:9732 WP No. 100748 of 2025 C) Pass any other orders which this Hon’ble Court deems fit. 2. The matter having been referred to mediation in pursuance of the mediation drive, the parties have arrived at a settlement through successful mediation conducted by their mediator, Smt.Anuradha Deshpande, learned Advocate. 3. The joint memo which has been filed, reads as under: “1. The petitioner has filed the aforementioned writ petition calling in question the order dated 25.01.2025 (Annexure-M) and also for a writ of mandamus for reconsideration of the representation of the petitioner. By virtue of Annexure-M the tender of the petitioner was cancelled, he was black listed for 2 years and penalty as mentioned in Annexure-M was imposed as well as the security deposit was forfeited. 2. During the pendency of the writ petition by virtue of the order passed by this Hon'ble Court vide order dated 07.02.2025 the petitioner has removed the encroached portion and the respondent has handed over the premises to the petitioner. 3. In respect of the penalty of Rs.3,01,220/- imposed vide order dated 25.01.2025 the negotiations have taken place between the petitioner and respondent and it is agreed between - 4 - HC-KAR NC: 2025:KHC-D:9732 WP No. 100748 of 2025 the parties that the petitioner will pay an amount of Rs. 2,30,000/- (Two Lakh Thirty Thousand) vide cheque bearing No.468071 Dated 04.08.2025, which has to be presented for encashment on or after 10.09.2025, and the respondent has agreed to receive the said amount instead of Rs.3,01,220/-. The respondent has also agreed for setting aside the order dated 25.01.2025 on condition of encashment of the said cheque. The petitioner undertakes to abide by the tender conditions and will not violate the same in future. It is also agreed between the parties that in case of violation of the tender conditions by the petitioner or non encashment of the cheque for whatever reason the present settlement will be cancelled and the order dated 25.01.2025 (Annexure-M) will revive. 4. The above settlement and terms agreed upon is in accordance with law and do not offend any law of the land and it is fair and reasonable settlement in the interest of both parties. Wherefore the parties to the proceedings pray to dispose of the matter in the aforementioned terms and conditions in the ends of justice and equity.” 4. Accepting the said joint memo and placing this Court's commendation for the learned Mediator and the counsel who have appeared in the matter, petition stands closed. - 5 - HC-KAR NC: 2025:KHC-D:9732 WP No. 100748 of 2025 5. In view of disposal of the main petition, pending applications, if any, stand disposed of as do not survive for consideration. SD/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA LIST NO.: 4 SL NO.: 1