Karnataka High Court
H S Shivashankar vs State Of Karnataka on 19 April, 2013
Bench: Chief Justice, B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF APRIL 2013
PRESENT
THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
WP No.13425/2012 (GM-RES)
BETWEEN :
1. H S SHIVASHANKAR
S/O LATE H.N. SHIVANANDA,
AGED ABOUT 40 YEARS
PROPRIETOR, LAKSHMI SERVICE STATION,
KSK DEALER, NANJANGUD ROAD,
HULLAHALLI,-571314,
NANJANGUD TALUK,
MYSORE DISTRICT.
... PETITIONER
(By Sri P MAHESHA & SRI KRISHNA B J, ADVS., )
AND :
1. STATE OF KARNATAKA
BY ITS SECRETARY
FOOD AND CIVIL SUPPLIES AND CONSUMER
AFFAIRS, M.S. BUILDING,
DR.AMBEDKAR ROAD,
VIDHAN VEEDHI,
BANGALORE-01.
2. BHARATH PETROLEUM CORPORATION LTD.,
NO. 17, M.G. ROAD, DU-PARC, TRINITY
7TH FLOOR, BANGALORE-01.
REPRESENTED BY ITS
TERRITORY MANAGER (RETAIL).
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3. HINDUSTHAN PETROLEUM CORPORATION LTD.,
NO.77, OLD MADRAS ROAD,
DOORVANI NAGAR,
P.O. KRISHNARAJPURAM,
BANGALORE-16,
REPRESENTED BY
ITS CHIEF REGIONAL MANAGER.
4. INDIAN OIL CORPORATION LTD.,
BANGALORE DIVISION OFFICE,
INDIAN OIL BHAVAN, 1ST FLOOR,
NO.29, P.KALINGARAO ROAD,
(MISSION ROAD) BANGALORE-27.
REPRESENTED BY ITS CHIEF DIVISIONAL
SALES MANAGER (RETAIL).
5. UNION OF INDIA
BY ITS SECRETARY,
MINISTRY OF PETROLEUM AND
NATURAL GAS,
SHASTRI BHAVAN,
NEW DELHI.
6. VAHEEDA D/O KAMMRULLA KHAN
MASJID MAIN ROAD,
HULLAHALLI-571314
NANJANGUD TALUK,
MYSORE DISTRICT.
... RESPONDENTS
(By Sri R. DEVDAS, AGA FOR R1. SRI KALYAN BASAVARAJ,
ASG FOR R5. SRI SIDDALINGASWAMY, ADV., FOR R6. SRI
M.S. NARAYAN, ADV., FOR R2 & R3. SRI VIGNESHWARA S.
SHASTRI, ADV., FOR R4.)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE PROPOSED LICENSE TO BE ISSUED IN THE NAME
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OF R6 BY VIRTUE OF INTERVIEW DATED.28.11.2011 VIDE
ANNEXURE-D AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER
NAGARATHNA J.:
1. In this writ petition, the petitioner has assailed the licence proposed to be issued in the name of the sixth respondent pursuant to interview dated 28/11/2012 Annexure "D". A direction is sought against the fifth respondent to consider the representation at Annexure "C" dated 15/12/2011 given by the Federation of Indian Petroleum Traders.
2. As far as the first prayer is concerned, the petitioner has not been able to point out any violation with regard to the issuance of the proposed licence to the sixth respondent.
3. In view of the dismissal of the main W.P.No.10400/2012 filed by the Karnataka State Petroleum Dealers Welfare Association, admittedly, raising the same issues, this writ -4- petition would not survive for consideration as far as the second prayer is concerned. The petition is therefore, dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mvs