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2025 DAILYLAW 65682 (KAR)

PATHAN TOURS AND TRAVELS v. THE STATE OF KARNATAKA

WP/106212/2025 · 2025-08-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10836 WP No. 106212 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106212 OF 2025 (GM-TEN) BETWEEN: PATHAN TOURS AND TRAVELS, REPRESENTED BY ITS PROPRIETOR SADIQ KHAN S/O. RASHID KHAN PATHAN, AGE: 31 YEARS, OCC: PROPRIETOR, PATHAN TOURS AND TRAVELS, R/O: NEAR GANDHI CHOWK, BISTI GALLI, KORE KELGIN ONI, DHARWAD. …PETITIONER (BY SRI. C. R. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, 1ST FLOOR, VIKAS SOUDHA, BENGALURU – 560 001. 2. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER DISTRICT HEALTH AND FAMILY WELFARE OFFICE NEAR K.C. PARK, HALIYAL ROAD, DHARWAD – 560 008. 3. THE DISTRICT REPRODUCITIVE AND CHILD HEALTH OFFICER, NEAR K.C. PARK, DHARWAD – 560 008. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10836 WP No. 106212 of 2025 4. THE CHIEF ACCOUNTANT OFFICER, NATIONAL HEALTH MISSION, BENGALURU, AROGYA SOUDHA, MAGADI ROAD, BENGALURU – 560 023. 5. THE MISSION DIRECTOR NATIONAL HEALTH MISSION, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, BENGALURU - 560 023. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION NO. PTT/05/2025/2026 DATED 01-08-2025, THE COPY OF THE SAME IS PRODUCED AND MARKED AT ANNEXURE-A. (COPY OF POSTAL ACKNOWLEDGMENT IS PRODUCED FOR HAVING SENT REPRESENTATION TO RESPONDENT NO. 1, 4 AND 5) AND ETC., THIS WRIT 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. Learned AGA accepts notice for respondent Nos.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: A. Writ of mandamus directing the respondents to consider the representation No. PTT/05/2025/2026 dated 01-08-2025, the copy of - 3 - HC-KAR NC: 2025:KHC-D:10836 WP No. 106212 of 2025 the same is produced and marked at Annexure-A. (copy of postal acknowledgment is produced for having sent representation to respondent no. 1, 4 and 5) B. Any other direction in the nature of writ against the respondents as the hon ble court thinks fit by considering the facts and circumstance of the case. 3. The short grievance of the petitioner is that even after the expiry of the period of tender, the security deposit made by the petitioner has not been refunded to the petitioner there being no allegations or claim against the petitioner. It is in furtherance thereof that the petitioner has submitted a representation dated 01.08.2025 at Annexure A, which has also not been acted upon. 4. Whenever, any application is filed, it is for the respondents-authorities to have taken necessary action thereon and pass necessary orders. 5. In that view of the matter, I pass the following: ORDER i. Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:10836 WP No. 106212 of 2025 ii. A mandamus is issued to consider the representation dated 01.08.2025 at Annexure-A and pass necessary orders in accordance with law within a period of 4 weeks from the date of receipt of a copy of this order. iii. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 29