IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56626 OF 2018(GM-RES) BETWEEN:
SRI.SHIVASHARANAPPA RAMRAO MALIPATIL S/O SRI.RAMRAO MALIPATIL AGED ABOUT 36 YEARS R/AT CHATRASALA POST NIDAGUNDA CHINCHOLLI TALUK – 585 320 KALABURAGI DISTRICT … PETITIONER (By Mr.SUNIL S. RAO FOR MR.T.SESHAGIRI RAO, ADV.) AND:
1. UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS GOVERNMENT OF INIDA SHASHTRI BHAVAN NEW DELHI – 110 001 REPRESENTED BY ITS SECRETARY 2. INDIAN OIL CORPORATION LIMITED, INDIAN OIL BHAVAN NO.29, KALINGA RAO ROAD MISSION ROAD BENGALURU – 560 027. REPRESENTED BY ITS GENERAL MANAGER 3. THE SENIOR DIVISIONAL RETAIL SALES MANAGER INDIAN OIL CORPORATION LTD., BELLARY DIVISION NO.6, 1ST FLOOR, INFANTRY ROAD CANTONMENT BELLARY – 583 104.
… RESPONDENTS (By SMT.M.C.NAGASHREE CGC FOR R1 (ABSENT) MR.DHANANJAY JOSHI ADV. FOR R2 & R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO CONSDIER THE REPRESENTATION DATED 23.07.2018 ISSUED BY THE PETITIONER AS FOUND AT ANNEXURE-G FOR PROCESSING THE APPLICATION OF THE PETITIONER AND CONSEQUENT ISSUANCE OF LICENSE FO SETTING UP OF PETROL PUMP WITHIN THE PETITION SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Sunil S. Rao for Mr.T.S.Seshagiri Rao, learned counsel for the petitioner.
Mr.Dhananjay, learned counsel for the respondent Nos.2 and 3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue a writ, order or direction in the nature of mandamus directing the 2nd respondent to consider the representation dated 23.07.2018 one issued by the petitioner as found at Annexure-G for processing the application of the petitioner and consequent issuance of licence for setting up of Petrol Pump within the petition schedule property.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2 and 3 to follow the norms as mandated in Annexure-M in terms of Circular in allocating any new petrol pump at Shatrashala Village.
(c) Grant such other consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to respondent No.2 to consider the representation dated 23.07.2018 submitted by the petitioner contained in Annexure-G in a time bound manner in a speaking order. It is further submitted that respondent Nos.2 and 3 be directed to follow the norms as mandated in Annexure-M in terms of the circular for allocation of new petrol pump at Shatrashala Village . In response, learned counsel for the respondent submits that in respect of allotment of new petrol pump, the norms which are applicable shall be followed and the representation submitted by the petitioner shall be dealt with in accordance with law by respondent No.2.
5. In view of the aforesaid submissions made by learned counsel for the respondent, the petition is disposed of with a direction to respondent No.2 to consider the representation dated 23.07.2018 submitted by the petitioner contained in Annexure-G in accordance with law within a period of six weeks from today by a speaking order. Needless to state that in view of the submissions made by learned counsel for the respondent they shall follow the norms, which are applicable to the allotment of the new petrol outlet while making any allotment in Shatrashala Village.
With the aforesaid direction, the petition is disposed of.
Sd/- JUDGE SS