Document Fragment View

Matching Fragments

1. The petitioner is before this Court seeking for the following reliefs:

i) Issue a Writ of Mandamus, directing the R-1 to 9 to conduct public auction so as to allot space for opening fire crackers shops at Gandhi Maidan Karkala for the ensuing Deepavali Festival and Tulasi pooja of the year 2022 and in other areas within the territorial jurisdiction of the respondents instead of conducting lottery method by considering the representation of the petitioner dated 06.09.2022, vide Annexure-A.
ii) Issue any other writ or order to meets in the ends of justice.

2. The grievance of the petitioner is that, on earlier occasions for setting up of fire cracker shops, auctions were conducted by the respective respondents - City Corporations / Town Municipalities. However, due to onset of COVID - 19, the conduct of auctions were stopped and during NC: 2023:KHC:37624 that period, the license to sell the fire crackers was issued by way of lottery system.

5. The learned AGA upon instructions has filed a memo with letters of the Deputy Commissioners of Dakshina Kannada District and Udupi District and the Chief Officer of City Municipal Council, Madikeri, Kodagu District. In terms thereof, it is submitted NC: 2023:KHC:37624 that in Puttur and Moodabidre Taluks of Dakshina Kannada, no fire-cracker shop is set up in a public land and as such, no allotment by way of lottery or public auction is required to be made. In the event of any person intending to set up a fire-cracker stall, he/she can approach the jurisdictional authority in Puttur and Moodabidre Talukas and the said application would be considered after ascertaining the suitability of the private land and thereafter, 'No Objection Certificate' would be issued by collecting NOC charges.

8. Sri.Hareesh Bhandary, learned counsel who appears for respondent No.4-Commissioner, City Corporation, Mangaluru, on instructions, submits that e-auction would be held for setting up of fire-cracker stall within a period of 15 days from today.

9. The said submissions of the counsel for the respondents answer the grievance of the petitioner which has been raised in the present petition.

10. Placing the said submissions on record, the Writ Petition is disposed.