IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.51318 OF 2019 (GM-RES) PIL BETWEEN:
1. SRI. BASAVARAJ S/O K HANUMANTHAPPA AGED ABOUT 38 YEARS PRESIDENT, SDMC 8TH WARD, GOVT. HIGHER PRIMARY SCHOOL HARAPANAHALLI – 583 131 DAVANAGERE DISTRICT.
2. SRI. H KARIBASAPPA S/O H PARASAPPA AGED ABOUT 31 YEARS RESIDING AT 8TH WARD HARAPANAHALLI – 583 131 DAVANAGERE DISTRICT.
3. SRI. H. VENKATESH S/O THIMMAPPA AGED ABOUT 38 YEARS RESIDENT OF VALMIKINAGAR HARAPANAHALLI – 583 131 DAVANAGERE DISTRICT.
4. SRI P VENKATESH S/O SULACHANAMMA AGED ABOUT 33 YEARS RESIDENT OF VALMIKINAGAR HARAPANAHALLI – 583 131 DAVANAGERE DISTRICT.
5. SRI. M. MANJUNATH S/O SOMMAHALAPPA AGED ABOUT 31 YEARS R/OF DODDAGARADIKERE HARAPANAHALLI-583131. DAVANAGERE DISTRICT.
6. SRI P VEERESH S/O LATE. HALAPPA AGED ABOUT 31 YEARS RESIDENT OF VALMIKINAGAR HARAPANAHALLI-583131.
DAVANAGERE DISTRICT.
7. SRI. PUJAR MARATHI S/O P RENUKAMMA AGED ABOUT 35 YEARS RESIDENT OF DEVARA THIMMALAPURA VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT.
8. SRI. HORAKERI RAMESH S/O RANGAPPA AGED ABOUT 31 YEARS RESIDENT OF 8TH WARD HARAPANAHALLI-583131. DAVANAGERE DISTRICT.
... PETITIONERS (BY SHRI. CHANDRAKANTH R GOULAY, ADVOCATE) AND:
1. THE BHARATH PETROLEUM CORPORATION LTD. REP. BY ITS TERRITORY MANAGER(RETAIL) MANGALORE-575001.
2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-583131.
3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS INLAND, PORTS AND WATER TRANSPORT HARAPANAHALLI SUB DIVISION HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131.
4. THE TAHSILDAR HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131.
5. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS HARAPANAHALLI, DAVANAGERE DISTRICT-583131.
6. SRI. V.K. HANUMANTHAPPA S/O VENKATAPPA KORACHAL AGED ABOUT 47 YEARS RESIDING AT C/O S HANUMANTHAPPA DOOR.NO.1037, 5TH CROSS B BLOCK, S.P.S. NAGAR, 2ND STAGE, DAVANAGERE-577 006.
... RESPONDENTS (SHRI.B.V.KRISHNA, AGA. FOR RESPONDENT NOS.1 TO 5) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE COMMUNICATION DATED:16.09.2015 VIDE ANNEXURE-B (LETTER OF INTENT) BY THE R-1 TO R6 BY AWARDING MSHD RETAIL OUTLET DEALERSHIP AND THE COMMUNICATION DATED:23.12.2015 VIDE ANNEXURE-C BY THE R-1 TO R2 REGARDING ISSUE OF NO OBJECTION CERTIFICATE AS ARBITRARY, ILLEGAL AND VOID AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Apart from delay in filing the petition, before seeking the writs in the nature of mandamus, the petitioners have not made a representation to the concerned authorities about their grievances.
On this ground, we decline to entertain this petition. Accordingly, the petition is disposed of. However disposal of this petition will not prevent the writ petitioners from making an appropriate representation to the appropriate authority.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB