IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39095 OF 2017 (GM-RES) BETWEEN:
1. THE UNION OF INDIA REPRESENTED BY ITS DEFENCE SECRETARY MINISTRY OF DEFENCE & ESTATE RAKSHA BHAVAN NEW DELHI – 110 001 2. THE DEFENCE ESTATE OFFICER KARNATAKA & GOA CIRCLE KAMRAJ ROAD, BENGALURU – 560 001 3. THE COMMANDANT PARACHUTE REGIMENT TRAINING CENTRE, J C NAGAR BENGALURU – 560 006 (BY SMT. K. S. ANUSUYADEVI, ADV.) AND:
1. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES MANGALORE SUB CIRCLE OFFICE 2ND FLOOR, CITY CENTRE OPPOSITE TO HOTEL ROOPA, BALMATTA ROAD, MANGALURU – 575 001 … PETITIONERS 2. MANAGING DIRECTOR THE INDIAN OIL CORPORATION LTD BANGALORE DIVISIONAL OFFICE, INDIAN OIL BHAVAN NO. 29 P KALINGA RAO ROAD MISSION ROAD, BENGALURU – 560 027 3. SENIOR DIVISIONAL MANAGER M/S. THE INDIAN OIL CORPORATION LTD BANGALORE DIVISIONAL OFFICE, OFFICE NO 46-D, 1ST FLOOR, LALBAGH ROAD, BENGALURU – 560 027 … RESPONDENTS (BY SRI. BUDRAUNNISA, ADV. FOR R-1;
SRI. SANTHOSH S. NAGARALE, ADV. FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO SUSPEND THE IMPUGNED LICENCE DATED 26.05.2005 ISSUED IN FORM XIV BY THE R1 IN FAVOUR OF THE R2 FOR STORAGE OF 40.00 KL OF PETROLEUM CLASS-A AND 20.00 KL OF PETROLEUM CLASS-B IN TANKS AS PER ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a writ of mandamus directing respondent No.1 to suspend the impugned licence dated 26.05.2005 issued in Form XIV by respondent No.1 in favour of respondent No.2 for storage of 40.00 KL of Petroleum Class-A and 20.00 KL of Petroleum Class-B in tanks as per Annexure-A.
2. On perusal of the record, I deem it appropriate to dispose of the writ petition with a liberty to the petitioners that in case a representation with regard to their grievance is made to the competent authority within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be decided by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such a representation.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE Mds/-