IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27878/2016 (GM – TEN) BETWEEN:
B.P.DISHU, S/O LATE POOVAPPA, AGED ABOUT 33 YEARS, R/AT RACECOURSE ROAD, MADIKERI TALUK – 571 201, KODAGU DISTRICT. … PETITIONER (BY SRI.SRINIVAS V., ADV.) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT PANCHAYAT, VIDHANA SOUDHA, BY THE SECRETARY, BANGALORE – 1.
2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, KODAGU – 571 201.
3. THE CHIEF EXECUTIVE OFFICER, MADIKERI TALUK PANCHAYAT, MADIKERI TALUK – 571 201, KODAGU DISTRICT.
4. THE THASILDAR, MADIKERI TALUK AND DIVISION, MADIKERI – 571 201, KODAGU DISTRICT.
5. THE EXECUTIVE OFFICER, MADIKERI TALUK PANCHAYATH, MADIKERI – 571 201, KODAGU DISTRICT.
6. PANCHAYATH DEVELOPMENT OFFICER, K.NIDUGANE VILLAGE PANCHAYATH, K.NIDUGANE, MADIKERI TALUK – 571 201, KODAGU DISTRICT.
7. THE PRESIDENT, K.NIDUGANI GRAMAPANCHAYATH, NIDUGANE VILLAGE, MADIKERI TALUK – 571 201, KODAGU DISTRICT. … RESPONDENTS (BY SRI.VIJAY KUMAR A PATIL, AGA FOR R1, R2 & R4; R3, R5, R6, R7 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.04.2016 PASSED BY DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI (R-2) ANNEXURE – D AND ANNEXURE – E DATED 06.04.2016 PASSED BY CHIEF EXECUTIVE OFFICER I.E, R-3 AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Srinivas V., learned counsel for the petitioner.
Sri Vijay Kumar A. Patil, learned Additional Government Advocate for respondents-1, 2 and 4.
2. In this petition, the petitioner inter-alia has prayed for the following reliefs:
a) Issue a writ of certiorari or any other writ of like nature and quash the order No.Pravasodyama/E/13/2016-17 dated 05/04/2016 passed by Deputy Commissioner, Kodagu District, Madikeri (2nd respondent) Annexure-D and Annexure-E dated 06/04/2016 Number KOGPAM Aase2b:prathavani:02:2016-17 passed by Chief Executive Officer i.e. 3rd respondent.
b) Grant such other Relief or reliefs as this Honorable Court thinks fit in the circumstances of the case, in the interest of justice and equity.”
3. When the matter was taken up today, learned Additional Government Advocate for the respondents-1, 2 and 4 submitted that the period for which the petitioner was awarded a contract has already come to an end in the year 2017.
4. A Bench of this Court by an ad-interim order dated 10.05.2016 had cancelled the orders dated 05.04.2016 and 06.04.2016 by which the contract of the petitioner was cancelled.
5. As the period of contract has already expired, nothing survives for adjudication in this writ petition. Accordingly, the same is dismissed as having become infructuous.
Sd/- JUDGE TL