Smt. Saraswathamma W/O Basalingappa ... vs Government Of India Ministry Of ... on 19 July, 2012

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Karnataka High Court

Smt. Saraswathamma W/O Basalingappa ... vs Government Of India Ministry Of ... on 19 July, 2012

Bench: H.N. Nagamohan Das

                                  1


            IN THE HIGH COURT OF KARNATAKA

               CIRCUIT BENCH AT GULBARGA

           DATED THIS THE 19TH DAY OF JULY 2012

                         BEFORE

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

              WRIT PETITION No. 82558/2012 &

       WRIT PETITION No. 82770-82771/2012 (GM-RES)

BETWEEN :
---------------
1.      Smt. SARASWATHAMMA
        W/O. BASALINGAPPA PATIL
        AGE 82 YERS
        OCC. HOUSEHOLD
        R/O. HALKERI
        TQ. RON, DIST. GADAG.

2.   Y NIRMALA
     W/O. Y RAJSHEKAR
     AGE 73 YEARS
     OCC. HOUSEHOLD
     R/O. KAMBLI BAZAR, BELLARY.

3.   Y NEELAMMA
     W/O. BASAVARAJ
     AGE 70 YERS
     OCC. HOUSEHOLD
     R/O. KAMBLI BAZAR
     BELLARY

      ALL ARE REP. BY THEIR
      POWER OF ATTORNEY HOLDER
      SHARANAPPA PATEL
      S/O. B A PATEL, AGE 68 YEARS
      OCC. AGRICULTURE
      R/O. STATION ROAD, RAICHUR.      ... PETITIONERS
(BY Sri. CHAITANYA KUMAR CHANDRIKI, ADV.)
                                       2



AND :
--------

1.         GOVERNMENT OF INDIA
           MINISTRY OF COMMERCE &
           INDUSTRY, PETROLEUM &
           EXPLOSIVES SAFETY
           ORGANIZATION (PESO)
           No. 140, RUHKMINI
           LAXMIPATI ROAD
           MARSHALLS ROAD
           EGMORE
           CHENNAI - 600 008.

2.         THE CHIEF CONTROLLER OF
           EXPLOSIVES, A BLOCK
           CGO COMPLEX, 5TH FLOOR
           SEMINARY HILLS
           NAGPUR - 440006.

3.         THE DEPUTY COMMISSIONER
           RAICHUR
           DIST. RAICHUR.

4.         THE SUPERINTEND OF POLICE
           RAICHUR
           DIST. RAICHUR.

5.         INDIA OIL CORPORATION LTD.,
           1ST FLOOR,F6 INFANTRY ROAD
           CANTONMENT, BELGAUM.           ... RESPONDENTS

(BY Sri. MANVENDRA REDDY, AGA, FOR R-3 & 4)


                                ---

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO
ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT No. 2
NOT TO RENEW THE LICENSE GRANTED TO FIFTH RESPONDENT
AND ETC.
                                          3


    THESE WRIT PETITIONS COMING ON FOR PERLIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING

                                ORDER

Sri. Manvendra Reddy, learned Additional Government Advocate is directed to take notice for respondent Nos. 3 and 4.

2. In these writ petitions the petitioners have prayed for a writ of mandamus directing respondent No. 2 not to renew the license to run a retail outlet of petroleum products in favour of respondent No. 5.

3. This type of negative writs cannot be issued. However, the licensing authority while renewing the license shall take into consideration the statutory requirement.

4. With the above observation, the writ petitions are hereby disposed off.

5. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.

Sd/-

JUDGE.

LRS.

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