IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51758/2019(GM-RES) MR. H. AJIT KUMAR SHETTY S/O CHANDRASHEKARA SHETTY, AGED 50 YEARS, R/AT SRI GANESH, ADARSHANAGAR, 4TH CROSS, VRAMBALLAI VILLAGE, BRAHMAVARA-576213 UDUPI DISTRICT (BY SRI RAJASHEKAR S., ADVOCATE) AND:
1 . THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, UDUPI DISTRICT, UDUPI-576101 2 . THE ASSISTANT EXECUTIVE ENGINEER DEPARTMENT OF P.W.D.
UDUPI SUB DIVISION, UDUPI DISTRICT-576101 ...PETITIONER 3 . THE ASSISTANT COMMISSIONER UDUPI SUB-DIVISION, UDUPI DISTRICT-576101.
…RESPONDENTS (BY SRI VIJAY KUMAR A PATIL, ADDITIONAL GOVERNMNET ADVOCATE) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT -1 AND 2 TO CONSIDER THE REPRESENTATION DATED 11.11.2019 AND TAKE SUITABLE DECISION IN ACCORDANCE WITH LAW VIDE ANNEXURE-A AND B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner filed the present writ petition seeking for a writ of mandamus to direct the respondent Nos.1 and 2 to consider the representation dated 11.11.2019 and take suitable decision in accordance with law.
2. It is the case of the petitioner that, the Government of India, Ministry of Road Transport and Highways, issued guidelines/norms on access permission to Fuel Stations, Private Properties, Rest Areas Complexes and such other facilities along National Highways, on 24.07.2013. The owner of M/s Nayara Energy Limited filed an application for grant of No Objection Certificate under Petroleum Rules for petrol and high speed diesel retail outlet to be established in property bearing Sy.No.25/27 of Kachur village, Barkoor Area, Brahmavara Taluk, Udupi District. On coming to know about the filing of application, one Mr.Shankar Shanthi made representation to the Deputy Commissioner, Superintendent of Police and other authorities, as per Annexure-C series. The petitioner submitted objections to the Panchayath Development Officer regarding issuance of No Objection Certificate for establishing new petrol service station, on 05.11.2019. On 07.11.2019, the villagers also submitted representation to the Deputy Commissioner requesting not to give any permission. Subsequently, report was published in the news paper regarding conducting of the spot inspection. Therefore, petitioner made two representations on 11.11.2019 requesting the Deputy Commissioner and the Executive Officer, Public Works Department, not to give permission. The said representation has not been considered nor any order is passed, till today. Therefore, the present writ petition is filed for the relief sought for.
3. I have heard the learned counsel for the parties to the lis.
4. Sri S.Rajashekar, learned counsel for the petitioner contended that the owner of the property bearing Sy.No.25/27 measuring 18 cents is trying to establish the petroleum pump by encroaching upon the government land. Therefore, the villagers as well as petitioner have made representation requesting not to give permission. But the respondent authorities have not taken any action on the representation. Therefore, he sought to allow the writ petition.
5. Per Contra, Sri Vijaykumar A. Patil, learned Additional Government Advocate, submits that, if representation is made by the petitioner, the respondents will consider the same, if not already considered, after giving notice to the owner of Sy.No.25/27 and other interested persons and appropriate Orders will be passed in accordance with law. The submission is placed on record.
6. In view of the above, without adverting to the merits and demerits of the case, it is suffice to direct the respondent No.1 to consider the petitioner’s representation dated 11.11.2019 vide Annexure-A, after giving opportunity of hearing to the alleged owner of Sy.No.25/27 and other interested persons, and pass appropriate orders, strictly in accordance with law, within a period of six weeks from the date of receipt of certified copy of this Order.
7. Accordingly, writ petition is disposed off.
Sd/- JUDGE kcm