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Karnataka High Court

Sri. Venkatesh Naik vs The Union Of India on 20 April, 2022

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 20TH DAY OF APRIL, 2022

                        BEFORE

        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

     WRIT PETITION NO.17977/2016(GM-RES)
     WRIT PETITION NO.1844 OF 2022 (T - IT)
BETWEEN:

SRI. VENKATESH NAIK
S/O KAMALANAYAK
AGED ABOUT 42 YEARS
OCCUPATION:OWN PROFESSION
RESIDING AT MALLAPUARA VILLAGE
MEDEHALLI POST
CHITRDURGA(TALUK)
AND (DISTRICT)-577501.

                                         ...PETITIONER

(BY SRI.ANJANEYA A B., ADV.)

AND

1.    THE UNION OF INDIA
      MINISTRY OF PETROLEUM AND NATURAL GAS
      SHASTRI BHAVAN
      NEW DELHI-110003.

2.    THE INDIAN OIL CORPORATION LTD.
      SCOPE COMPLEX
      NEW DELHI-110003.
      (REPRESENTED BY ITS CHAIRMAN
      AND MANAGING DIRECTOR).
                         2


3.   THE DIRECTOR (MARKETING)
     INDIAN OIL CORPORATION
     INDIAN OIL BHAVAN
     G-9, ALI YAVAR JUNG MARG
     BANDRA EAST, MUMBAI
     MAHARASHTRA-400051.

4.   THE ADDITIONAL DIRECTOR
     PETROLEUM PLANNING AND ANALYSIS CELL
     MINISTRY OF PETROLEUM AND NATURAL GAS
     SHASTRI BHAVAN
     NEW DELHI-110003.

5.   THE INDIAN OIL CORPORATION LTD
     MARKETING LPG INCHARGE
     "INDIAN OIL BHAVANA"
     #29, P.KALINGARAO ROAD
     (MISSION ROAD)
     BANGALORE-560027.

6.   THE STATE OF KARNATAKA
     FOOD AND CIVIL SUPPLY DEPARTMENT AND
     CONSUMER AFFAIRS
     GOVERNMENT OF KARNATAKA
     VIKASA SOUDHA
     BANGALORE-560001
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY.

7.   THE COMMISSIONER
     FOOD AND CIVIL SUPPLY
     DEPARTMENT AND CONSUMER AFFAIRS GOVERNMENT
     OF KARNATAKA
     #8,CUNNINGHAM ROAD
     BANGALORE-560052.

8.   SRI K M PRAVEEN KUMAR
     S/O LATE MALLIKARJUNAPPA
     AGED ABOUT 26 YEARS
                                     3


     OCCUPATION:ENGINEER
     #AREHALLI VILLAGE AND POST
     HOLALKERE TALUK
     CHITRADURGA DISRICT-577526.

                                                    ...RESPONDENTS

(BY SRI.SHANTHI BHUSHAN, ASGI, FOR R1;
SRI. RAVINDRA R., ADV. FOR R2,R3 & R5;
NOTICE IS HELD SUFFCIENT FOR R4
V/O DATED: 03.10.2017;
SRI. A. RAMESH GOWDA, AGA. FOR R6 & R7;
SMT. FARAH FATHIMA, ADV.FOR R8)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE RECOMMENDATION OF R-5 DATED 18.03.2016
FOR ALLOTMENT OF LPG DISTRIBUTORSHIP AT ANNEX-F
AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:

                               ORDER

Office to delete the name of Sri.D.A.Anil and Sri.Lakshminarayan, CGC for Union of India and show the name of Sri. Shanthi Bhushan, learned ASGI as representing respondent no.1.

Sri. Ravindra, learned counsel for respondents no.2, 3 and 5 is absent.

4

Learned counsel for petitioner Sri. Anjaneya A.B. files retirement notice issued by him on 18.12.2021 under RPAD to the petitioner with RPAD Acknowledgement. He, therefore, prays that he may be permitted to retire from the case.

I have perused the copy of retirement notice issued by the learned counsel for petitioner and the postal acknowledgement.

In view of the same, Sri. Anjaneya A.B., learned counsel for petitioner is permitted to retire from the case.

The petitioner is absent.

In this writ petition, following prayers are made:

1. Quash the recommendation of 5th respondent dated 18.03.2016 for allotment of LPG distributorship in No.KASO/LPG/353/IMP/ HOLLALKERE vide Annexure-'F'.
2. Pass such other order or orders as deemed for to be granted by this Hon'ble court in the above said facts and circumstances of the case.

2. At the time the writ petition was filed, the petitioner had sought for quashing of the recommendation 5 made by the fifth respondent dated 18.03.2016 for allotment of LPG Distributorship (Annexure-'F').

3. The learned counsel for respondent no.8 has filed a memo on 09.12.2020 before this court enclosing thereto the order passed by respondent no.5 dated 22.03.2016. By the said order the Distributorship of Holalkere (LPG URBAN-RURAL MKT.), Chitradurga District under the "ST" Category, Marketing Plan relating to 2013-14 was issued in favour of respondent no.8. The petitioner has not challenged the same so far.

4. In view of the same, the writ petition is dismissed as having become infructuous reserving liberty to the petitioner to challenge the order dated 22.03.2016.

Sd/-

JUDGE Np/-