Karnataka High Court
Mahammad Amanulla vs The Deputy Commissioner on 19 November, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.11962/2020 (GM-RES)
BETWEEN :
1. MAHAMMAD AMANULLA
S/O ABBAS.B
AGED ABOUT 30 YEARS
R/AT 20/330
GUDDEANAGADI HOUSE
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231
2. P.K. ABDUL LATHIF
S/O LATE IDINABBA
AGED ABOUT 84 YEARS
R/AT 20/290
GUDDEANGADI
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231.
3. ASHRAF
S/O HAMMAD BYARI
AGED ABOUT 57 YEARS
R/AT 20/275
GUDDEANGADI
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231.
4. LILLY D'SOUZA
W/O CHARLY D'SOUZA
AGED ABOUT 68 YEARS
R/AT 20/304/1
GUDDEANGADI
2
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231.
5. SAFIYA
W/O ABDUL KHADER
AGED ABOUT 45 YEARS
R/AT 20/273
GUDDEANGADI
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231.
6. B.M. ISMAIL
S/O B. MOHAMMAD
AGED ABOUT 55 YEARS
R/AT 20/273B
GUDDEANGADI
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231.
7. LILLY ANDRADE
W/O JOHN BAPTIST D'SOUZA
AGED ABOUT 55 YEARS
R/AT 20/271, GUDDEANGADI
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231.
8. KHATHIJAMMA
W/O M. ISMAIL
AGED ABOUT 58 YEARS
R/AT 20/274, GUDDEANGADI
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231.
9. BEPATHUMMA
W/O P.K. MAHAMMAD
AGED ABOUT 63 YEARS
R/AT SHANAWAZ MANZIL
GUDDEANGADI
PANEMANGALURU VILLAGE
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 231 ...PETITIONERS
(BY SHRI B.LETHIF, ADVOCATE)
3
AND:
1. THE DEPUTY COMMISSIONER
DISTRICT MAGISTRATE
DAKSHINA KANNADA DISTRICT-575 001.
2. TASILDAR
BANTWALA TALUK
DAKSHINA KANNADA DISTRICT-574 222.
3. THENPANDIYAN
LPG IMPORT TERMINAL PVT. LTD.,
HEAD OFFICE AT NO 178/173
THENPANDIYAN TOWER
SP PUDUR, PARAMATHI ROAD
NAMAKKAL, TAMIL NADU-637 001
REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 AND R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE NOC ISSUED BY R-1 DEPUTY
COMMISSIONER DATED 12.03.2020 VIDE ANNEXURE-D AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO
CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Grievance of the petitioners is that No Objection Certificate issued as per Annexure-D dated 12.03.2020 to respondent No.3 to run a LPG Gas outlet is without hearing the neighbours.
2. Heard Shri B. Lethif, learned advocate for the petitioner and Smt. Niloufer Akbar, learned AGA for the State. 4
3. Shri Lethif submitted that after issuance of the NOC, petitioners have submitted a representation and based on the said representation, a fresh enquiry has been ordered. But the Deputy Commissioner has not passed any final order.
4. Learned AGA submits that impugned NOC has been issued after following the procedure. However, the Deputy Commissioner shall consider their grievance and pass appropriate orders, as expeditiously as possible, if already not passed. Her submission is placed on record.
5. In the circumstances, this petition is disposed of with a direction to the Deputy Commissioner to consider petitioner's grievance and pass appropriate orders, as expeditiously as possible, if already not passed.
6. Learned AGA is permitted to file memo of appearance within four weeks.
No costs.
Sd/-
JUDGE AV