Shridhar Harichandra Naik vs The Deputy Commissioner on 20 December, 2021

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Karnataka High Court

Shridhar Harichandra Naik vs The Deputy Commissioner on 20 December, 2021

Bench: N.S.Sanjay Gowda

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 20TH DAY OF DECEMBER 2021

                         BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

      WRIT PETITION NO.101988/2021 (GM RES)

BETWEEN:

1.   SHRIDHAR HARICHANDRA NAIK,
     AGE 27 YEARS, OCC AGRICULTURE,
     R/O NAIK GALLI, POST KASANAL,
     MANAKAPUR, TQ CHIKKODI,
     NOW NIPPANI TALUKA, DIST BELAGAVI-590 001.

2.   RAJARAM S/O GANGAPTI RATNAKAR,
     AGE 49 YEARS, OCC AGRICULTURE,
     R/O AMBEDKAR LNAGAR, POST- KASANAL,
     MANAKAPUR, TQ CHIKKODI,
     NOW NIPPANI TALUKA, DIST BELAGAVI-590 001.

3.   VINAYAK S/O PIRU KAMBLE,
     AGE 42 YEARS, OCC AGRICULTURE,
     R/O AMBEDKAR NAGAR, POST KASANAL,
     MANAKAPUR, TQ CHIKKODI,
     NOW NIPPANI TALUKA, DIST BELAGAVI-590 001.

4.   MR.OMKAR VISHWANATH CHAVAN,
     AGE-42 YEARS, OCC-AGRICULTURE,
     R/O.HARIJAN GALLI, MANAKAPUR,
     TQ-NIPPANI, DIST-BELAGAVI--590 001.

5.   MR.DIGAMBAR DILIP KAMBLE,
     AGE-45 YEARS, OCC-AGRICULTURE,
     R/O.AMBEDKAR NAGAR, BORAGAON,
     TQ-NIPPANI, DIST-BELAGAVI-590 001.
                                            ...PETITIONERS
     (BY SRI VINAY S.KOUJALAGI, ADVOCATE)
                               :2:



AND :

1.      THE DEPUTY COMMISSIONER,
        BELAGAVI-590 001.

2.      SUPERINTENDENT OF POLICE,
        BELAGAVI-590 001.

3.      THE ASSISTANT COMMISSIONER,
        CHIKKODI, DIST-BELAGAVI--590 001.

4.      THE EXECUTIVE ENGINEER,
        PWD DEPARTMENT, CHIKKODI DIVISION,
        CHIKKODI, DIST-BELAGAVI-590 001.

5.      DISTRICT FIRE STATION OFFICER,
        BELAGAVI-590 001..
                                             ...RESPONDENTS

(BY SRI V.S.KALASURMATH, HCGP FOR RESPONDENT NOS.1 TO 5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER
THE OBJECTION OF THE RESIDENTS OF THE LOCALITY DATED
27/01/2021 PRODUCED AT ANNEXURE-B AND PASS NECESSARY
ORDERS.

    THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

The petitioners are seeking for mandamus to consider their objections to the proposed establishment of a petroleum retail outlet.

:3:

2. The petitioners claim that they are the residents of the village and they would be effected by the establishment of the petroleum retail outlet unit.

3. In my view, the objections raised by the petitioners cannot be of any consequence since the authorities acting under the relevant laws would consider the viability and also the legality of the setting up of unit.

4. The petitioners as residents cannot claim as a matter of right to put forth their objections for the establishment of the petroleum retail outlet unit. I therefore find no reason to entertain this writ petition and the same is rejected.

Sd/-

JUDGE CKK

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