IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31371 OF 2019(GM-TEN) BETWEEN:
M/S SPARDHA MITHRA REGD. UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS REGD. OFFICE AT NO.3417/15, SERVICE ROAD ATTIGUPPE METRO STATION VIJAYNAGAR BANGALORE – 560 040. REPRESENTED BY ITS SECRETARY MR.OMKAR PATEL (BY MR.RAMAKANTH RAO ADV. FOR MR.KRISHNA S VYAS, ADV.)) AND:
1. THE STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT HAVING ITS OFFICE AT VIKAS SOUDHA BANGALORE – 560 001. REPTD. BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER SOCIAL WELFARE DEPARTMENT HAVING ITS OFFICE AT VIKAS SOUDHA BANGALORE – 560 001.
3. JOINT DIRECTOR SOCIAL WELFARE DEPARTMENT … PETITIONER VIKAS SOUDHA BANGALORE – 560 001.
(BY MR.VIJAY KUMAR A. PATIL, AGA) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Ramakanth Rao for Mr.Krishna S.Vyas, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondents.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has prayed for the following reliefs:
(i) Direct by issuance of writ in the nature of mandamus, the respondent No.2 to immediately set off the earlier existing EMD money of the petitioner against the EMD money to be payable against the new tender called for, or in alternative.
(ii) Direct by issuance of writ in the nature of mandamus, the respondent No.2, to forthwith release the EMD money deposited by the petitioner to an extent of Rs.21,50,000/- (Twenty One Lakhs and Fifty Thousand Only), and also extend the time as may be sufficient for the petitioner to deposit the EMD money for the new tender, by realizing the money to be tendered by the 2nd respondent.
3. When the matter was taken up today, learned counsel Additional Government Advocate for the respondents submitted that on 25.07.2019 and on 29.07.2019, a sum of Rs.21,50,000/- has been remitted to the account of the petitioner. The aforesaid submission is taken on record.
In view of the aforesaid submission, nothing survives for adjudication in this writ petition.
Accordingly, the same is dismissed as having become infructuous.
Sd/- JUDGE SS