IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.3203 OF 2016 (GM - TEN) BETWEEN J. M. Mahadeva Aged about 47 years S/o Marimade Gowda R/at Jakkanahalli Village S.R. Patna Taluk Mandya District – 571414. ... Petitioner (By Sri. H. C. Shivaramu, Advocate) AND 1. The Deputy Commissioner Mandya District Mandya – 571 404.
2. The Chief Officer Town Municipal Council Malavalli – 571430. ... Respondents (By Sri. S. Anil Kumar, Adv. for R2; Sri. Vijaya Kumar A PAtil, AGA for R1) This writ petition is filed under Article 226 of the Constitution of India praying to quash the tender notification dated 18.01.2016 issued by the R-2 through E-procurement vide Ann-K1 and etc.
This writ petition coming on for preliminary hearing ‘B’ group this day, the court made the following:
ORDER “The learned Additional Government Advocate and learned counsel for the respondent No.2 submit that the petition is rendered infructuous, in view of the fact that third party, to whom the work is warranted pursuant to the tender, has completed the work way back in the year 2016.
None appears for the petitioner. Therefore, the office is directed to list these petitions on 14.01.2019.”
However, after the aforesaid order was made when the petition was called, Sri. H. C. Shivaramu, the learned counsel for the petitioner, appeared and submitted that no purpose would be served in listing the matter on 14.01.2019, as he cannot controvert the submissions made on behalf of the learned Additional Government Advocate and learned counsel for the respondent No.2.
In view of these submissions, and in continuation of the earlier order, the writ petition stands disposed of as having become infructuous.
SD/- JUDGE SN/-