IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.16123 OF 2018 (GM-TEN) BETWEEN:
NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD.
A GOVERNMENT OF INDIA ENTERPRISE HAVING ITS OFFICE AT:
NO.1316, 2ND CROSS, KHB COLONY MAGADI ROAD BANGALORE-560 079. REPRESENTED BY ITS GENERAL MANAGER SRI N.P. PRASAD. ... PETITIONER (BY SRI S. KALYAN BASAVARAJ. ADV.) AND:
1. VISVESWARAYA JALA NIGAM LTD.
A GOVT.OF KARNATAKA ENTERPRISE HAVING ITS OFFICE AT:
# 148, GROUND FLOOR, EMBASSY SQUARE, INFANTRY ROAD, BANGALORE-560 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE EXECUTIVE ENGINEER VISVESWARAYA JALA NIGAM LTD. UBP DIVISION NO.4 HOSADURGA CHITRADURGA DISTRICT-577 527. ... RESPONDENTS (BY SRI M.R.C. RAVI, ADV. FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SUB-CLAUSE 4 OF RULES 26 OF THE KTPP RULES, 2000 IS UNCONSTITUTIONAL AND ULTRA-VIRES AND QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 22.03.2018 PASSED BY THE RESPONDENT NO.1 (ANNEXURE-A) IN AS MUCH AS BLACKLISTING THE PETITIONER AND FORFEITING THE EARNEST MONEY OF RS.1,47,11,000/- (RUPEES ONE CRORE FORTY SEVEN LAKHS ELEVEN THOUSAND ONLY) DEPOSITED BY THE PETITIONER, ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner has filed a memo dated 29.03.2019 seeking leave of this Court to withdraw the writ petition with liberty to file a fresh petition, if the occasion so arises.
2. The memo is taken on record.
3. Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid.
In view of dismissal of the writ petition, I.A.No.2/2018 does not survive for consideration and the same is dismissed.
Sd/- JUDGE ST