JAYARAMA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who claims to be the highest bidder for collecting the market fee/ground rent from the vendors/traders for the year commencing from 1/6/2016 and ending on 31/3/2017, is knocking at the doors of Writ Court for assailing the order dtd. 12/8/2016 whereby the

(2.) nd respondent has directed shifting of the weekly market to some other place on public health and other grounds enumerated u/s 133(1) of the Code of Criminal Procedure, 1973. 2. After service of notice, the respondent Nos.1 and 2 are represented by the learned AGA and the 3rd respondent - local body is represented by its panel counsel. Learned advocates appearing for the respondents oppose the Writ Petition contending that, firstly, the petition has in its present form & substance has become infructuous, petitioner's tender period having itself expired; secondly, the orders of the kind do not merit a deeper examination at the hands of the Writ Court, the same order having been made in public interest by a statutory authority; so contending, they seek dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court declines indulgence in the matter broadly being in agreement with the submissions made by the respondents through their advocates. Added, petition averments specifically mention about the tender period being 1/6/2016 to 31/3/2017; more than five years have lapsed since the expiry of the tender period and therefore, whatever little locus the petitioner as the highest bidder had at the time of institution of the Writ Petition, has now withered away. Therefore, matter need not be kept pending nor be examined on merits much.