IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24735 OF 2019 (GM-ST/RN) BETWEEN:
MANGALORE REFINERY AND PETROCHEMICALS LIMITED A GOVERNMENT COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 REGISTERED OFFICE AT: MUDAPADAV, KUTHETHOOR, P.O. VIA KATIPALLA MANGALORE 575 030.
REPRESENTED BY MR. VENKATAKRISHNA CHIEF MANAGER (ADMIN & HR) (By MR.KEETI KUMAR D NAIK, ADV.) AND:
1. THE SUB REGISTRAR MANGALORE TALUK, MINI VIDHANA SOUDHA BUILDING, FIRST FLOOR, HAMPANAKATTA, MANGALORE – 575001.
2. DISTRICT REGISTRAR DAKSHINA KANNADA DISTRICT, O/O THE DEPUTY COMMISSIONER, DC OFFICE BUILDING, MANGALORE – 575002.
(By MR.SRIDHAR N HEGDE, HCGP FOR R1 & 2) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:28.3.2019 [ERRONEOUSLY MENTIONED AS 28.3.2018] AT ANNEXURE-A PASSED BY THE R-1 AND QUASHING ORDER DTD:9.5.2019 AT ANEXURE-B AT NO.IMPOUND 113/2018- 19 PASSED BY THE R-2 AS BEING ERRONEOUS AND BAD IN LAW AND DIRECT COMPLETION OF REGISTRATION AND RELEASE THE DOCUMENT BEARING NO.-P-12805/2018-19; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Keerti Kumar D.Naik, learned counsel for the petitioner.
Mr.Sridhar N.Hegde, learned High Court Government Pleader for the respondent Nos.1 and 2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following relief:
Issue a writ in the nature of certiorari or such other writ quashing the order dated 28.03.2019 (erroneously mentioned as 28.03.2018) at Annexure-A at No.SUB/MGT/IMP/33/STP/2018-19 passed by first respondent and quashing order dated 09.05.2019 at Annexure-B at No.Impound 113/2018-19 passed by the second respondent, as being erroneous and bad in law and such other order as may be deemed fit in the circumstances of the case and may be pleased to direct completion of registration and release the document bearing No.P-12805/2018-19.
4. When the matter was taken up today, learned counsel for the petitioner has raised a singular contention that the impugned order dated 09.05.2019 has been passed by the Deputy Commissioner of Stamps and District Registrar of D.K.District, Mangalore, without affording an opportunity of hearing to the petitioner. The aforesaid fact was not disputed by the learned High Court Government Pleader.
5. In view of the fact that the impugned order dated 09.05.2019 has been passed in flagrant violation of the principles of natural justice, the same cannot be sustained in the eye of law. Therefore, the same is quashed and set aside. The matter is remitted to the Deputy Commissioner of Stamps and District Registrar of D.K.District, Mangalore, to afford an opportunity of hearing to the petitioner and thereafter, pass a fresh order in accordance with law. Needless to state that all the contentions which are available in law to the petitioner are kept open.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV