Writ Petition No. 25269 of 2016 · The High Court
Case Details
- 1 - NC: 2025:KHC:11553 WP No. 25269 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25269 OF 2016 (GM-TEN) BETWEEN: M/S. SMAAT INDIA PRIVATE LIMITED HAVING ITS REG. OFFICE AT 3-9-554/9A, RAGALA ENCLAVE, NEAR SAHARA ESTATES, MANSOORABAD, RANGAREDDY DISTRICT, HYDERABAD - 500 068, REPRESENTED BY ITS MANAGING DIRECTOR, M. KARUNAKARA REDDY, S/O KISTA REDDY.
Legal Reasoning
(BY SRI. THUSHANTH C V., ADVOCATE) AND: …PETITIONER 1. 2. 3. THE GOVERNMENT OF KARNATAKA THE PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ OFFICE OF THE PRINCIPAL SECRETARY, 3RD FLOOR, GATE -III MULTISTORIED BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001. THE CHIEF ENGINEER RURAL DRINKING WATER & SANITATION DEPARTMENT OFFICE OF THE CHIEF ENGINEER 1ST FLOOR, KHB BUILDING, CAUVERY BAHVAN, BANGALORE - 560 009. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONER'S OFFICE 2ND FLOOR, MINI VIDHANA SOUDHA, TUMKUR HOBLI, TUMKUR - 572 101. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11553 WP No. 25269 of 2016 4. 5. 6. 7. 8. 9. THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANCHAYAT, TUMKUR, ZILLA PANCHAYAT, TUMKUR - 572 101. THE EXECUTIVE ENGINEER RURAL DRINKING WATER & SANITATION DIVISION, PWD OFFICE COMPOUND, KUNIGAL ROAD, TUMKUR, KARNATAKA - 572 101. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, KARNATAKA - 577 501. THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANCHAYAT, CHITRADURGA CHIEF EXECUTIVE OFFICER, CHITRADURGA ZILLA PANCHAYATH, CHITRADURGA - 577 501. THE EXECUTIVE ENGINEER RURAL DRINKING WATER & SANITATION DIVISION, BANK COLONY, TURUNUR ROAD CHITRADURGA - 577 501. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONERS OFFICE DAVANAGERE - HARIHAR ROAD, KARURU INDUSTRIAL AREA, DAVANAGERE, KARNATAKA - 577 004. 10. THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANHAYAT, CHITRADURGA THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, LOKIKERE ROAD, OPP. DOORDARSHAN KENDRA, DAVANAGERE - 577 005. - 3 - NC: 2025:KHC:11553 WP No. 25269 of 2016 11. THE EXECUTIVE ENGINEER RURAL DRINKING WATER & SANITATION DIVISION, EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARTMENT DAVANAGERE - 577 005. 12. THE DEPUTY COMMISSIONER DEPUTY COMMISSINERS OFFICE, DEPUYT COMMISSIONER, MINI VIDHANA SOUDHA, HUBLI ROAD, GADAG - 582 103. 13. THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANCHAYAT, GADAG, CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, MINI VIDHANA SOUDHA, HUBLI ROAD - GADAG - 582 101. 14. THE EXECUTIVE ENGINEER RURAL DRINKING WATER & SANITATION DIVISION INDUSTRIAL AREA, HUBLI ROAD - GADAG - 583102. 15. THE DEPUTY COMMISSOINER DEPUTY COMMISSIONERS OFFICE, DEPUTY COMMISSIONERS OFFICE, VIJAYAPUR - 587 101. 16. THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANCHAYAT, ZILLA PANCHAYAT, VIJAYAPURA - 587 101. 17. THE EXECUTIVE ENGINEER RURAL DRINKING WATER & SANITATION DIVISION EXECUTIVE ENGINEER, PANCHAYATH RAJ ENGINEERING DIVISION, VIJAYAPURA - 587 101. - 4 - NC: 2025:KHC:11553 WP No. 25269 of 2016 18. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONERS OFFICE, DEPUTY COMMISSIONER, MANDYA DISTRICT - 571 401. 19. THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANCHAYAT, MANDYA CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, MANDYA DISTRICT - 571401, KARNATAKA. 20. THE EXECUTIVE ENGINEER RURAL DRINKING WATER & SANITATION DIVISION EXECUTIVE ENGINEER, PANCHAYATH RAJ ENGINEERING DIVISION, BANNUR ROAD, MANDYA DISTRICT - 571 401. 21. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONERS OFFICE, DEPUTY COMMISSIONERS OFFICE, SATH KATCHERI, RAICHUR - 584 101. 22. THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANCHAYAT, RAICHUR, ZILLA PANCHAYAT, NEAR DISTRICT COURT COMPLEX, HYDERABAD ROAD, RAICHUR - 584 101. 23. THE EXECUTIVE ENGINEER RURAL DRINKING WATER & SANITATION DIVISION RURAL DRINKING WATER & SANITATION DIVISION DADY COLONY, RAICHUR - 584 101. …RESPONDENTS (BY SMT. NAVYA SHEKAR, GOVT ADVOCATE FOR R1 TO R3, R5, R6, R8, R9,R11, R12, R14, R15, R17, R18, R20 & R21; SRI. A. NAGARAJAPPA, ADVOCATE FOR R4 & R5; SRI. NR JAGADEESWARA, ADVOCATE FOR R10; SRI. BJ SOMAYAJI, ADVOCATE FOR R19, R20, R22 & R23, R7, R13 & R16 SERVED) - 5 - NC: 2025:KHC:11553 WP No. 25269 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO RELEASE THE MONEY IN A SUM OF RS.2,69,15,600/- AS DIRECTED AT ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. ii. iii. iv. v. Issue a writ in the nature of mandamus directing the 2nd respondent to release the money in a sum of Rs.2,69,15,600/- as directed as per Annexure 'G'; Issue a writ in the nature of mandamus directing the release of further funds in respect of the properties enlisted as per TABLE-II along with interest or loss or user chargers @ 10 LPCD; Issue a writ in the nature of mandamus directing these the electricity connection and the raw water sources as indicated in Annexure D & D1. respondents to provide the order issued by Issue a writ in the nature of certiorari quashing the 23rd Annexure-P respondent dated 25.06.2016 in No.EE/RWSS DIV/RCRTech/JE-2/2016-17 and also order at in Annexure-Q & No.KaPaAKa/GraKuNi NaiE/RaVi/JiPra/Shuddikarana Ghataka Dhurasthi 2016-17/429; the order dated 20.06.2016 Issue a writ in the nature of certiorari to quash the bearing Annexure-Q No.KaE:GraKuNi&Nai:Vi:ThuMa:Le.Sha:2016- 17/359 dated 24.06.2016 respondent; and issued by the 5th notice - 6 - NC: 2025:KHC:11553 WP No. 25269 of 2016 vi. vii. Issue a writ of appropriate nature directing the Respondent No.5 and 23 to pay damages for the arbitrary and vindictive cancellations/contemplation of contracts." Pass such other orders as May be deemed appropriate under the circumstances of the case, in the ends of justice and equity. 2. A memo dated 27.2.2025 has been filed and signed by the counsel for the petitioner and the petitioner, which reads as under; Memo for withdrawal The above named petitioner most respectfully submits as follows; 1. The petitioner submits that, the petitioner has preferred the above-mentioned Writ petition against the respondents. That the petitioner, after due consideration and deliberation, has decided to withdraw the present writ petition and does not intend to proceed the same further. Wherefore, the petitioner humbly requests this Hon’ble Court to grant leave to withdraw the said writ petition and to record the same as not pressed. 3. Accepting the said memo and submission of the counsel for the petitioner, the petition is dismissed as withdrwn. SD/- (SURAJ GOVINDARAJ) JUDGE SR,List No.: 1 Sl No.: 0 CT:SK