SRI ABOOBACKER K M v. THE MADIKERI CITY MUNICIPAL COUNCIL
WP/8602/2025 · 2026-03-18
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8596 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8596 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16025 WP No. 8602 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.8602 OF 2025 (LB-RES)
BETWEEN:
1.
SRI ABOOBACKER K M S/O ABDULLA K, AGED ABOUT 76 YEARS, RESIDED AT ANSHAD MANZIL, MUTHAPPANAMKOTH, NEAR ZUNAIJA COTTAGE, UMMENCHIRA, KANNUR, THALASSERY, KERALA-670 649.
2.
SRI. MUHAMMED MUSTAFA, S/O NANDAVARA ABDUL KHADHAR, AGED ABOUT 46 YEARS, RESIDED AT 1-138(5) NANDAWARA HOUSE, BANTWAL TALUK, SAJPAMUNOOR VILLAGE, SAJPAMUDA, DAKSHINA KANNADA - 574 231.
3.
SRI. MAKBHUL SHEK ABDUL KAREEM, S/O SHIKH ABDUL KARIM, AGED ABOUT 44 YEARS, RESIDED AT BLOCK NO.5, WARD NO.6, GANAPATHI STREET, MADIKERI-571 201 KODAGU DISTRICT.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:16025 WP No. 8602 of 2025
4.
SRI. MUBARAK ALI, S/O FAROOQ M H, AGED ABOUT MAJOR, RESIDED AT NO.24/11, BIHAD GADDIGE, MADIKERI-571 201 KODAGU DISTRICT.
5.
SRI FAROOK M.H., S/O LATE MOHAMMED HUSSIAN, AGED ABOUT 54 YEARS, RESIDED AT GADDIGE, MADIKERI-571 201 KODAGU DISTRICT.
…PETITIONERS (BY SRI. AMRUTH CHOWDHARY S., ADVOCATE (absent))
AND:
1.
THE MADIKERI CITY MUNICIPAL COUNCIL CMC, NEAR FORT, CHEKPET, MADIKERI-571 201 KODAGU DISTRICT REPRESENTED BY ITS COMMISSIONER.
2.
THE ADMINISTRATOR THE MADIKERI CITY MUNCIPAL COUNCIL CMC, NEAR FORT, CHEKPET, MADIKERI - 571 201 KODAGU DISTRICT.
…RESPONDENTS
(BY SRI. PRATHEEP K.C., ADVOCATE FOR R.1;
SRI. BOPANNA BELLIAPPA, AGA., FOR R.2.)
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HC-KAR NC: 2026:KHC:16025 WP No. 8602 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED YEARLY AUCTION NOTIFICATION ISSUED BY THE RESPONDENT NOS.1 TO 2 DATED 07.03.2024 BEARING NO.
SAM/M1/PR/140/HARAJU/2024-25 PUBLISHED IN THE NEWS PAPER NAMED "SHAKTI" DATED 16.03.2025 AT ANNEXURE-A,E ETC.
THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The petitioners are aggrieved by the action of the respondents to auction shops for vending fish without proper infrastructure. Hence, they made representations to the authorities concerned. As their representations have not been considered so far, the present writ petition is filed with a prayer to set aside the decision of the authorities concerned to auction the shops for vending fish. As per the impugned notification, the auction was to be conducted on 24.03.2025.
2.
Learned counsel for the petitioners is absent even when the matter is called out for the second time today.
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HC-KAR NC: 2026:KHC:16025 WP No. 8602 of 2025
3.
Learned counsel for the respondents submits that, due to the pendency of the writ petition, the auction was not taken up by the authorities concerned and because of which, the writ petition has become infructuous. It is further submitted that presently necessary infrastructure is provided and that the auction will be conducted thereafter, in accordance with law.
4. As the writ petition is filed with a prayer to direct the authorities not to conduct the auction as per the impugned paper notification and as the same has not been conducted, the writ petition is liable to be dismissed as having become infructuous and the same is accordingly, dismissed.
Sd/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 25