Case Note & Summary
The petitioner, Mr. Mohan Kumar A H, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Bengaluru, challenging a letter dated 16.9.2019 issued by the second respondent (Executive Engineer, Minor Irrigation Division and Ground Water Division, Mysore) and seeking to restrain the tender inviting authority from awarding the contract to the fourth respondent, Mr. R L Bhaskar. The petition was listed for orders on 3rd July 2020. On that day, the learned counsel for the petitioner filed a memo dated 23.06.2020 seeking leave to withdraw the writ petition. The court took the memo on record and disposed off the writ petition as having been withdrawn with liberty as sought for in the memo. Consequently, any interim orders that were in place stood dissolved, and all pending applications became insignificant. No costs were awarded. The judgment is brief and does not delve into the merits of the case, as the petitioner chose to withdraw the petition.
Headnote
A) Writ Law - Withdrawal of Petition - Liberty to File Fresh - Petitioner filed memo seeking leave to withdraw writ petition - Court allowed withdrawal with liberty as sought for - Held that writ petition disposed off as withdrawn with liberty (Para 1).
Issue of Consideration
Whether the petitioner is entitled to quash the letter dated 16.9.2019 and restrain the award of contract to respondent No.4
Final Decision
Writ petition disposed off as having been withdrawn with liberty as sought for in the memo. Interim orders, if any, stand dissolved. All applications pale into insignificance. No costs.
Law Points
- Withdrawal of writ petition
- liberty to file fresh petition
- dissolution of interim orders
Case Details
2020 LawText (KAR) (07) 63
WRIT PETITION NO.47798 OF 2019 (GM-TEN)
SRI YOGANNA K P, ADVOCATE FOR PETITIONER; SRI ACHAPPA P B, AGA FOR R1 TO R3; SRI HARISHA A S, ADVOCATE FOR R4
THE GOVERNMENT OF KARNATAKA, MINOR IRRIGATION DIVISION AND GROUND WATER DIVISION, MYSORE; THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION AND GROUND WATER DIVISION, MYSORE; THE SUPERINTENDENT ENGINEER, MINOR IRRIGATION DIVISION AND GROUND WATER DIVISION, MYSORE; MR R L BHASKAR
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a letter dated 16.9.2019 issued by the second respondent and seeking to restrain the award of contract to the fourth respondent.
Remedy Sought
Petitioner sought to quash the letter dated 16.9.2019 (Annexure-H) issued by the second respondent, and to stay its operation, and further direct the tender inviting authority not to award the contract and not to execute the agreement in favor of the fourth respondent.
Filing Reason
Petitioner challenged the letter dated 16.9.2019 issued by the second respondent in relation to a tender process.
Issues
Whether the petitioner is entitled to quash the letter dated 16.9.2019 and restrain the award of contract to respondent No.4
Submissions/Arguments
Petitioner's counsel filed a memo dated 23.06.2020 seeking leave to withdraw the writ petition.
Ratio Decidendi
The court allowed the petitioner to withdraw the writ petition with liberty as sought for, without adjudicating on the merits.
Judgment Excerpts
Learned counsel for the petitioner has filed a Memo dated 23.06.2020 seeking leave to withdraw the writ petition. Memo is taken on record. Writ Petition is disposed off as having been withdrawn with liberty as sought for, in terms of Memo.
Procedural History
The writ petition was filed on an unspecified date, listed for orders on 3rd July 2020, when the petitioner's counsel filed a memo seeking withdrawal, and the court disposed it off as withdrawn.
Acts & Sections
- Constitution of India: Articles 226, 227
