M/S. Orange County Resorts And Hotels ... vs The President on 12 June, 2013

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Karnataka High Court

M/S. Orange County Resorts And Hotels ... vs The President on 12 June, 2013

Bench: H.N.Nagamohan Das

                            1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 12TH DAY OF JUNE, 2013

                        BEFORE

  THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

       WRIT PETITION NO.23512/2013 (LB-RES)

BETWEEN:

M/s Orange County Resorts
& Hotels Limited
A Company incorporated
Under the Companies Act, 1956
Having its registered at II Floor
St. Patrick's Business Complex
No.21, Museum Road
Bangalore- 560 025.

Rep. by its Managing Director
George T Ramapuram
S/o Late Thomas E Ramapuram
Aged about 54 years.                  ... Petitioner

(By Sri A.K. Subbaiah, Advocate.)

AND:

1. The President
   N.Begur Grama Panchayat
   H.D. Kote Taluk
   Mysore District-570 102

2. N. Begur Grama Panchayat
   By its Panchayat Development Officer
   H.D. Kote Taluk
   Mysore District-570 102
                                    2


3. The Principal Secretary
   Department of Rural Development
   & Panchayat Raj, M.S. Building
   Bangalore-560 001.                             ... Respondents


(By Sri N.B. Vishwanath, AGA for R3)

                                  ***
     This Writ Petition is filed under Articles 226 and
227 of Constitution of India praying to direct the
respondent Panchayat to renew the licence in terms of
the petitioner's application dated 05.02.2013 vide
Annexure-B etc.,

      This petition is coming on for Preliminary Hearing
this day, the court made the following:

                             ORDER

Sri N.B.Vishwanath, learned AGA is directed to take notice for respondent No.3.

2. In this writ petition, the petitioner has prayed for a writ of mandamus directing the respondents 1 and 2 the Grama Panchayat for renewal of license of the petitioner in terms of the application dated 05/02/2013 Annexure-B.

3. By obtaining the license from the respondents 1 and 2 as per Annexure-A, the petitioner 3 is running a Holiday Resort. Before the expiry of license period the petitioner applied as per Annexure-B for renewal of the license on 05/02/2013. Since the respondents 1 and 2 failed to consider the application of the petitioner they are before this Court. It is obligatory on the part of the respondents 1 and 2 to consider the renewal application filed by the petitioner as per Annexure-B in accordance with law. The failure on the part of respondents 1 and 2 to react to the request of the petitioner he is before this Court. Therefore, a writ of mandamus is hereby issued to the respondents 1 and 2 to consider the renewal application filed by the petitioner as per Annexure-B in accordance with law forthwith without lose of time.

4. The petitioner also made one application as per Annexure-C dated 05/02/2013 requesting for issue of "No Objection Certificate" from the Grama Panchayat for renewal of excise license. Even this application of the petitioner is not considered. In this circumstance, the respondents 1 and 2 are hereby directed to consider 4 Annexures-B and C dated 05/02/2013 in accordance with law forthwith.

Accordingly, the writ petition is hereby disposed of.

SD/-

JUDGE SM

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