IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO. 2531/2015 (GM-RES) BETWEEN M/S. HINDUSTAN PETROLEUM CORP LTD BANGALORE LPG REGIONAL OFFICE, NO.3 AND 4, WHITEFIELD ROAD, MAHADEVAPURA POST, BANGALORE 560048 REPRESENTED BY ITS CHIEF REGIONAL MANAGER, NOW REPRESENTED BY ITS SENIOR REGIONAL MANAGER LPG SRI P SARANGI ... APPELLANT (BY SRI SRIDHAR B K. ADVOCATE) AND 1. SRI MOHAN KUMAR K V S/O VENKATE GOWDA AGED ABOUT 35 YEARS, R/AT KODUGURKI VILLAGE, BIDLORE POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT PIN 560 110 2. UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS NEW DELHI-110 011 BY ITS SECRETARY ... RESPONDENTS (BY SRI R.S. RAVI, ADVOCATE FOR R1;
SRI R. VEERENDRA SHARMA, CGC FOR R2) THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.36441/2014 DATED 07/07/2015.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, P.S. DINESH KUMAR, J., PASSED THE FOLLOWING:
O R D E R M/s. Hindustan Petroleum Corporation Limited (‘HPCL’ for short) has preferred this appeal challenging the order dated 07.07.2015 passed in W.P. No.36441/2014.
2. Heard Shri. B.K. Sridhar, learned advocate for the petitioner, Shri. R.S. Ravi, learned advocate for respondent No.1 and Shri. R. Veerendra Sharma, CGC for respondent No.2.
3. For the sake of convenience, parties are referred to as per their status in the writ petition.
4. HPCL issued a notification on 05.09.2012 in Kannada Daily News Paper ‘Vijaya Karnataka’ and English Daily News Paper ‘Times of India’, calling for applications from general public desirous of obtaining LPG Distributorship. As per the notification, the location for shop was required to be on Bangalore-Channasandra Road, on the east of FCI Main Road and Immadihalli. Petitioner applied for the same. By communication dated 15.07.2014, HPCL rejected petitioner’s application on the ground that the location of the shop belonging to the petitioner is not in accordance with the requirement prescribed in the advertisement, as the shop was located on the western side of FCI Main Road instead of eastern side. Feeling aggrieved, petitioner challenged the said communication before the Hon’ble Single Judge.
5. On consideration of material on record, the Hon’ble Single Judge has held that the petitioner being qualified in all other respects, his candidature cannot be rejected only for the reason that the shop is located on the western side of FCI Main Road instead of eastern side as required in the advertisement. Accordingly, the Hon’ble Single Judge has quashed the communication dated 15.07.2014 and directed the Corporation to consider the petitioner’s candidature from the stage at which it was discontinued. Hence, this appeal by HPCL.
6. Sri R.S. Ravi, learned Advocate for HPCL submits that the shop belonging to the petitioner is not on the Eastern side of the FCI Main Road, therefore, the Corporation has rightly rejected the application.
7. Sri Sridhar B.K. learned Advocate for the petitioner argued in support of the impugned order passed by the learned Single Judge.
8. We have carefully considered the advertisement, the sketch showing the location of the shop in question and the Report submitted by HPCL Officers. The sketch shows that the shop in question is situated on the Western foot path of the FCI Main Road. But the fact remains that the shop is situated on the FCI Main Road. In the circumstance, we are at one with the Hon’ble Single Judge. Resultantly this appeal fails and it is dismissed.
9. In view of dismissal of the appeal, the prayer sought in I.A. No.3/2015 does not survive for consideration. Hence, I.A. No.3/2015 also stands dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Sbs*