Karnataka High Court
Union Of India vs Nithin Venkatesh on 16 January, 2014
Bench: S.Abdul Nazeer, H.S.Kempanna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JANUARY 2014
PRESENT
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
AND
THE HON'BLE MR.JUSTICE H.S.KEMPANNA
WRIT APPEAL NOs.5156-5159 OF 2009
&
WRIT APPEAL NOs.1059-1063 OF 2010 A/W
MISC.W.NO.3805/2010 (GM-RES))
Between :
Union of India
Department of Petroleum and Natural Gas
Shastri Bhavan
New Delhi
Represented by its Secretary
...Appellant
(common)
(By Sri S.Kalyan Basavaraj, ASG)
2
And :
1. Sri. Nithin Venkatesh
S/o. K. Venkatesh
Aged about 33 years
No.127, N Block
1st stage, 1st Cross
Adhichunchanagiri road
Kuvempunagar
Mysore - 560 023
2. Indian Oil Corporation Ltd.,
Bangalore Division
No.29, P.Kalinga Rao Road
Bangalore - 560 027
Represented by its Chief
Divisional Retail Sales Manager
Sri. Samson Chacko
3. IBP Company Limited
Head Office, Mumbai
By its Deputy General Manager
(Marketing)
4. IBP Company Limited
IBP House, 34-A,
Nirmal Chandra Street
Kolkatta - 700 013
By its Managing Director
5. The General Manager (South Region)
3
IBP Company Limited
10, Mayor V.R.Ramanathan Road
Chetput, Chennai - 600 031
6. Sri. Y.T.Narendra Babu
S/o. Thammaiah
Aged about 55 years
No.3, Yelemane 1st Main
1st stage, 1st cross
Rajajinagar
Bangalore - 560 010
7. IBP Company Limited
IBP House, 34-A,
Nirmal Chandra Street
Kolkatta - 700 013
By its Deputy General Manager
(R-4 in WP.No.1016/2007)
14528/2007 & R-9 in 1058/2007
8. Sri. H.H Shivakumar
S/o. late Huche Gowda
Aged about 47 years
Shalini Nilaya, Keshava Road
Behind Govt. Polytechnic College
Indiranagar, Hassan - 573 201
9. Smt. B.V.Anasuyamma
W/o. late B. Venugopal Gupta
Aged about 72 years
Ankitha Nilaya
Somagudi Road
Challakere
4
Chitradurga District - 577 522
10. Smt. C.A. Sudha
W/o. C.B.Ashwin
Aged about 43 years
R/o. No.1066, 1st Cross
Gange Road, G & H Block
Kuvempunagar
Mysore - 570 009
11. Sri. Arun G. Topannawar
Aged about 42 years
Club Road, Basav Nagar
Belgaum
12. Sri. Nitin S. Angadi
Aged about 31 years
Residing at 7th Cross
Bhagyanagar, Belgaum
13. Sri. C.S.Puttaraju
S/o. Sanna Thamme Gowda
Aged about 45 years
R/o. Chinna Kurli Village
Chinnakurli Hobli
Padavapura Taluk
Mandya District
14. Sri. N.Seetharama Shetty
S/o. late Sanjeeva Shetty
Aged about 56 years
R/at. 'Sri Devi Prasad'
Dads Asaigoli, Kanaje Village
Mangalore Taluk
5
Dakshina Kannada ...Respondents
(Common)
(By Sri G.A.Srikante Gowda, Adv., for Respondent Nos.1, 8, 9, 10 and
R6 and 11 and 14: Sri. R.Gopal Krishna, Adv., for Respondent No.2
to 5 and 7)
These Writ Appeals are filed under Section 4 of the Karnataka
High Court Act, praying to set aside the order passed in the writ
petition No.6836/2007, 1016/2007, 1058/2007 and 14528/2007
dated 28.07.2009 etc.
Misc.W.No.3805/2010 is filed under Section 151 r/w Article
226 and 227 of Indian Constitution of India.
These Writ Appeals along with Misc.W., coming on for Orders
this day, S.ABDUL NAZEER. J., delivered the following:
JUDGMENT
The private respondents in these writ appeals filed W.P.No.6836/2007 and other connected matters seeking a writ of mandamus or any other
appropriate order or direction directing the other respondents to consider their applications or their nominees for issue of regular dealership/ and appoint their nominees as dealers.
They have also sought for
6
quashing the letter dated 06.09.2006
bearing No.P-19011/1/2004-IOC issued by Union
of India and also another letter dated 13.10.2006 bearing No. JRO/COCO (No.155/06-07) issued by IBP Company limited. The learned Single Judge has clubbed all the writ petitions and allowed them by order dated 28.07.2009. The present appeals are directed against the said order of the learned Single Judge.
2. One of the writ petitions in W.P.No.1016/2007 filed by Y.T.Narendra Babu, seeking an identical relief was also allowed by the learned Single Judge. A common order was passed in all these cases. Indian Oil Corporation challenged the said order by filing Writ Appeal No.3248/2009 before the Division Bench of this Court. The Division Bench by order dated 19.11.2009 dismissed the said appeal and confirmed the order of the learned Single Judge. Feeling aggrieved, the Indian Oil 7 Corporation filed SLP (SLP (C) No.9655/2010) which was later converted into C.A.No.5259/2013. The Apex Court by order dated 16.07.2013 has allowed the Civil Appeal and has set aside the judgment of the Division Bench of this Court and also the order of the learned Single Judge.
3. We have heard the learned counsel for the parties.
4. The point in issue in these writ appeals is covered by the order of the Hon'ble Supreme Court in C.A.No.5288/2013 dated 08.07.2013 connected with C.A.No.5259/2013 dated 16.07.2013. The contention of Sri. Srikantegowda, learned counsel for the private respondents is that the decision of the Apex Court in the above Civil Appeal is distinguishable and has no application to the facts is without any merit. Therefore, these writ appeals are also allowed and the orders of the learned Single Judge impugned herein are set aside subject to the observations made by the Apex Court in the aforesaid Civil Appeals. 8
In view of the disposal of these writ appeals as above, Misc.W.No.3805/2010 does not survive for consideration. It is accordingly disposed of. No costs.
Sd/-
JUDGE.
Sd/-
JUDGE.
HJ*