IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.52340 OF 2018 & 52545 OF 2018 (GM-RES) BETWEEN:
1. SRI. M.N. MOHAN KUMAR M/S PUSHPA’S FUEL STATION S/O D. NANJUNDAIAH AGED ABOUT 49 YEARS R/A NO.1178, 3RD CROSS KURUBAGERI, IRWIN ROAD LASHKAR MOHALLA MYSORE 570001.
2. SRI. NANJUNDAIAH S/O LATE D. DODDAIAH AGED ABOUT 89 YEARS R/A NO.1178, 3RD CROSS KURUBAGERI, IRWIN ROAD LASHKAR MOHALA MYSORE 570001.
(By Mr. NITISH K.N. ADV., FOR Mr. K.V. NARASIMHAN, ADV.,) AND:
… PETITIONERS HINDUSTAN PETROLEUM CORPORATION LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) BANGALORE REGIONAL OFFICE NO.77, OLD MADRAS ROAD DOORAVANINAGAR POST K.R. PURAM, BENGALURU 560016 REP. BY ITS DEPUTY GENERAL MANGER RETAIL.
… RESPONDENT (By Mr. ADINARAYAN, ADV., FOR IMPLEADING APPLICANT Mr. M.D. HAROON RASHEEED, ADV., A/W Mr. JINESH KUMAR M.A. ADV.,) - - -
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondent to consider the representation of the 1st petitioner in form of notice dated 24-9-2018 vide Annx-N and the representation dated 12-11-2018 vide Annx-Q and etc.
These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER Sri.Nitish K.N., learned counsel for the petitioners.
Sri.M.D.Haroon Rasheed, learned counsel for the respondents.
Sri.Adinarayan, learned counsel for impleading applicant.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions under Article 227 of the Constitution of India, the petitioners are seeking a direction to decide their representations dated 24.09.2018 and 12.11.2018 submitted by the petitioners to the respondent.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners had submitted representations for reconsideration of the dealership agreement in view of the death of one of the partners. It is also submitted that the legal representatives of the deceased partner has already submitted no objection in favour of the petitioners and the writ petitions be disposed of with a direction to the competent authority of the respondent to decide the representations submitted by the petitioners dated 24.09.2018 as well as 12.11.2018.
5. On the other hand, learned counsel for the respondent submitted that in case such representations are pending, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submissions and in the facts of the case, the writ petitions are disposed of with a direction to the competent authority of the respondent to decide the representations submitted by the petitioners, by a speaking order after affording an opportunity of hearing to the petitioners as well as to the proposed respondent in accordance with law, within a period of one week from the date of receipt of certified copy of the order passed today.
7. In view of the disposal of the writ petitions, the pending interlocutory applications do not survive for consideration and are accordingly disposed of.
Sd/- JUDGE RV