IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39488 OF 2018 (GM-RES) BETWEEN:
SRI.D.G.KUMAR S/O SRI.GURUSIDDEGOWDA AGEDA BOUT 45 YEARS BUSINESS R/AT ADLEGERE VILLAGE MELEGERE POST BELUR TALUK HASSAN DISTRICT – 573 115. (BY MR.M.V.VEDAMURTHY, ADV.) AND:
… PETITIONER 1. HINDUSTAN PETROLEUM CORPORATION LTD., (GOVERNMENT OF INDIA UNDERTAKING) REGISTERED OFFICE AT NO.17 JAMSHEDJI TATA ROAD MUMBAI – 400 020 REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE DEPUTY GENERAL MANAGER-R HINDUSTAN PETROLEUM CORPORATION LIMITED MANGALORE RETAIL REGIONAL OFFICE 1ST FLOOR, DEO GRATIAS BUILDING CHILIMBI URVA STORES MANGALORE – 575 006.
… RESPONDENTS (BY MR.B.PRAMOD ADV. FOR R2 R1 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 02.07.2018 ISSUED BY THE RESPONDENT NO.1 IN UNILATERALLY CABCELLING THE ALLOTMENTOF PETROL RETAIL OUTLET AT KENGANAHALLI VILLAGE IN CHIKKAMAGALURU TALUK WHICH IS AT ANNEXURE-M BY ALLOWING THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.V.Vedamurthy, learned counsel for the petitioner.
Mr.B.Pramod, learned counsel for respondent No.2.
The petition is admitted for hearing. With consent of the learned counsel for the parties the same is heard finally.
2. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 02.07.2018 by which the candidature of the petitioner for grant of retail outlet of petroleum products have been rejected on the ground that the site of the petitioner is situated on NH and not on SH.
3. When the matter was taken up today, learned counsel for the petitioner has raised a similar contention that before passing he impugned order no opportunity of hearing was afforded to he petitioner. The aforesaid fact has not been fairly disputed by learned counsel for the respondent.
4. In view of the fact that the petitioner was a selected candidate and the impugned order has been passed in flagrant violation of the principles of natural justice, impugned order is hereby quashed and set aside and the competent authority of the Hindustan Petroleum Corporation Limited is directed to afford an opportunity of hearing to the petitioner and thereafter decide the issue with regard to location of the site offered by the petitioner for setting up of the retail outlet by a speaking order. Let the aforesaid exercise be carried out within a period of six weeks from the date of receipt of certified copy of the order passed today.
With the aforesaid directions, the petition is disposed of.
Sd/- JUDGE SS