SRI. H S KRISHNAMACHAR v. THE GOVERNMENT OF INDIA
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8547 OF 2020 (GM-RES) BETWEEN:
1. SRI. H S KRISHNAMACHAR AGED ABOUT 71 YEARS, R/AT NO. 1536, 9TH MAIN, 6TH CROSS, SRINIVASANAGAR BENGALURU SOUTH - 560 050.
2. SRI T SUNIL D/O THIMMAIAH, AGED ABOUT 31 YEARS, R/AT NO. 05, PIPE LINE GOVERNMENT SCHOOL GOLLARAPALYA HOSAHALLI BANGALORE NORTH VISWANEEDAM BANGALORE - 560 091. (BY SRI. N. SHIVAKUMAR, ADVOCATE) AND:
THE GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAILWAY BOARD NEW DELHI - 110 001 REP. BY ITS SECRETARY.
THE SOUTH WESTERN RAILWAY DIVISIONAL OFFICE, COMMERCIAL BRANCH, BANGALORE CITY BANGALORE - 560 023 Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2026:KHC:5837 WP No. 8547 of 2020 HC-KAR REP. BY ITS SR. DIVISIONAL COMMERCIAL MANAGER.
INDIAN RAILWAY STATION DEVELOPMENT CORPORATION LIMITED SOUTH WESTERN RAILWAY BENGALURU - 560 023. REP. BY ITS GENERAL MANAGER. …RESPONDENTS (BY SRI. VAIBHAV MALIMATH, ADVOCATE FOR R1 TO R3 -VC) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER AND RENEW THE APPLICATIONS FOR SEEKING RENEWAL OF LICENCE VIDE ANNEXURE-D TO D1 DATED 04.02.2020 AND 07.02.2020 FOR RUNNING STD/PCOs BOOTHS AT BANGALORE RAILWAY STATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners, who were issued with a licence dated
21.06.2010 to run STD/ISD telephone booths in Bangalore City Railway Station are before this Court, seeking relief of issue of mandamus to respondents to consider and renew the application seeking renewal of licence for running STD/ISD telephone booths at Bangalore City Railway Station. - 3 - NC: 2026:KHC:5837 WP No. 8547 of 2020 HC-KAR
2. Learned counsel for respondents on the other hand submits that presently there are no STD/ISD telephone booth facilities provided in the Bangalore City Railway Station as sought for by the petitioners. Hence, submits the petition has become infructuous.
3. In response, learned counsel for petitioners though does not dispute regarding STD/ISD booth facility not being run in the Bangalore City Railway Station, however, submits that the respondent authorities have already received licence fee and renewed the same upto March 31.03.2026 and petitioners are running mobile services and mobile charging centre in the premises.
Since the petitioners are seeking direction to the respondents to consider and renew the applications seeking renewal of licence for running STD/ISD booths, in the light of submissions made by the learned counsel for the parties above regarding no such facility provided, writ petition fails as having become infructuous. - 4 - NC: 2026:KHC:5837 WP No. 8547 of 2020 HC-KAR
Notwithstanding the above, petitioners are at liberty to make an application for allotment of stall or booths for any other suitable business purpose if permissible in accordance with law.
Since according the petitioners, respondent authorities have already renewed the licence upto 31.03.2026, respondent authorities shall not precipitate the matter till consideration of the applications, if made by the petitioners, in accordance with law. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 10
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.