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2025 DAILYLAW 9500 (KAR)

SHRIMANTRAYA S PATIL v. THE DEPUTY COMMISSIONER

WP/200509/2025 · 2025-07-02

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3589 WP No. 200509 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 200509 OF 2025 (GM-TEN) BETWEEN: SHRIMANTRAYA S. PATIL, AGE: 52 YEARS, OCC: KAYAKA SECURITY SERVICE, & MANPOWER AGENCY, R/O DANGAPUR COMPLEX, SHASTRI CHOWK, BRAHMPUR, KALABURAGI-585103. …PETITIONER (BY SRI. B. K. HIREMATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KALABURAGI, TQ. & DIST.KALABURAGI-585102. 2. THE TAHASILDAR, AFZAZLPUR, TQ. AFZAZLPUR, DIST. KALABURAGI-585301. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ALLOW THE WRIT PETITION AND ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.1 VIDE FILE NO. EJ£Àr/r«E¸ï/204/2022-23/9224 DATED 17.01.2025 VIDE ANNEXURE-J, II) ISSUE A WRIT OF Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3589 WP No. 200509 of 2025 MANDAMUS DIRECTING RESPONDENTS TO PROVIDE AND CONTINUE THE TENDER AGREEMENT IN FAVOUR OF PETITIONER FOR PROVIDING MANPOWER SERVICE AT SRI DATTATRAYA TEMPLE DEVAL GHANAGAPUR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Petitioner was awarded a tender to supply necessary manpower for security services to Sri Dattatreya Temple at Ganagapur. The same was terminated by way of the impugned order dated 17.01.2025. The petitioner in the instant writ petition has challenged the same. 2. The impugned order was stayed by this Court by an order dated 24.02.2025. 3. Learned Additional Government Advocate upon instructions submits that the tender awarded in favour of the petitioner was for the period 16.03.2024 to 15.03.2025 and even if the contract with the petitioner - 3 - HC-KAR NC: 2025:KHC-K:3589 WP No. 200509 of 2025 was not terminated, by lapse of time the right of the petitioner by virtue of the contract stands extinguished and the writ petition is liable to be dismissed as having become infructuous. 4. The learned counsel for the petitioner is not in a position to dispute the fact that the period for which the services of the petitioner were engaged from 16.03.2024 to 15.03.2025. 5. For the aforementioned reasons, the writ petition is hereby dismissed. It is clarified that dismissal of this writ petition will not come in the way of petitioner participating in future tenders called by respondent No.1 unless the petitioner is blacklisted or otherwise held to be ineligible. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 74 CT:SI