Karnataka High Court
M/S. Hindustan Petroleum Corporation ... vs Davalagiri Badavane Dharmika ... on 9 July, 2013
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 9TH DAY OF JULY, 2013
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.34182/2011 (GM-CPC)
C/W
WRIT PETITION NO.34068/2011 (GM-CPC)
WP NO.34182/2011:
BETWEEN:
M/S.HINDUSTAN PETROLEUM
CORPORATION LTD
A COMPANY REGISTERED UNDER
THE COMPANIES ACT
HAVING ITS REGIONAL OFFICE AT
SAMBAJI ROAD, RANI CHANNAMMANAGAR,
BELGAUM-590006
REPTD, BY ITS CHIEF REGIONAL MANAGER,
SRI KUSHAL BANERJEE
... PETITIONER
(BY SRI.MANOJ KUMAR.R.V. FOR SRI.C.M.DESAI,
ADVOCATES)
AND:
1. DAVALAGIRI BADAVANE
DHARMIKA SAMSKRUTHIKA TRUST (REGD)
CHITRADURGA,
BHEEMASAMUDRA ROAD,
KENCHANAKATTE, IUDP LAYOUT,
CHITRADURGA, REPRESENTED BY ITS
a) PRESIDENT H BHEEMARAJ,
R/O KENCHANAKATTE IUDP LAYOUT
CHITRADURGA 577501
b) DIRECTOR CHIDANANADA REDDY
S/O KRISHNA REDDY, MAJOR,
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R/O KENCHANKATTE,
IUDP LAYOUT,
CHITRADURGA 577501.
2. CHITRADURGA URBAN DEVELOPMENT
AUTHORITY
CHITRADURGA,
REP BY THE PRESIDENT,
DEPUTY COMMISSIONER
OF CHITRADURGA DISTRICT.
3. COMMISSIONER
CHITRADURGA URBAN DEVLOPMENT AUTHORITY
CHITRADURGA DISTRICT-577501
4. MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES
CORPORATION LTD,
CHITRADURGA 577501.
... RESPONDENTS
(BY SRI.V.B.SIDDARAMAIAH, ADVOCATE FOR C/R1
SRI.R.V.JAYAPRAKASH, ADVOCATE FOR R1(A & B)
SRI.JAVEED.S FOR SRI.R.KOTHWAL, ADVOCATES
FOR R2 & R3
SRI.H.G.VASANTH KUMAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 21.7.2011 PASSED IN
M.A.NO.4/2011 ON THE FILE OF THE PRL. CIVIL JUGE
(SR.DN.) & C.J.M. CHITRADURGA UNDER ANNEXURE-G
AND ETC.
WP NO.34068/2011:
BETWEEN:
KARNATAKA FOOD AND CIVIL SUPPLIES
CORPORATION LTD., CHITRADURGA
REPRESENTED BY ITS MANAGER
... PETITIONER
(BY SRI.H G VASANTHA KUMAR, ADVOCATE)
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AND:
1. DAVALAGIRI BADAVANE DHARMIKA
SAMSKRUTHIKA TRUST (REGD)
CHITRADURGA, BHEEMASAMUDRA ROAD
KENCHANAKATTE, IUDP LAY-OUT
CHITRADURGA, REP BY ITS
a) PRESIDENT H BHEEMARAJ,
MAJOR,
R/O KENCHANAKATTE,
IUDP LAYOUT
CHITRADURGA.
b) DIRECTOR CHIDANANADA REDDY
S/O KRISHNA REDDY, MAJOR,
R/O KENCHANKATTE,
IUDP LAYOUT,
CHITRADURGA.
2. CHITRADURGA URBAN DEVELOPMENT
AUTHORITY, CHITRADURGA,
REP BY ITS PRESIDENT,
DEPUTY COMMISSIONER
OF CHITRADURGA DISTRICT,
CHITRADURGA.
3. COMMISSIONER
CHITRADURGA URBAN DEVLOPMENT AUTHORITY
CHITRADURGA.
4. SENIOR REGIONAL MANAGER,
HINDUSTAN PETROLEUM
CORPORATION LTD.,
REGIONAL OFFICE, SAMBAJIL ROAD
RANICHENNAMMA NAGAR
BELGAUM.
... RESPONDENTS
(BY SRI.V B SIDDARAMAIAH, ADVOCATE FOR C/R1
SRI.R.V.JAYAPRAKASH, ADVOCATE FOR R1(A & B)
SRI.JAVEED.S. FOR SRI.R.KOTHWAL, ADVOCATES
FOR R2 & R3
R4 - SERVED)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER PASSED BY THE PRL.
CIVIL JUDGE (SR. DN.) AND CJM, CHITRADURGA, IN
M.A.4/11 DTD. 21.7.11 AND CONFIRM THE ORDER
PASSED BY THE 1ST ADDL. CIVIL JUDGE (JR. DN.) AND
JMFC, CHITRADURGA ON I.A.NO.1 DTD.31/1/11 IN
O.S.NO.414/10 VIDE ANNEX-A & B AND ETC.
WP NO.34182/2011 COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP AND WP NO.34068/2011 COMING
ON FOR ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The respondent-plaintiff filed a suit for perpetual injunction to restrain the defendants from establishing Petrol and Diesel Pump in the suit schedule property and I.A.No.I was filed under Order 39 Rule 1 and 2 of CPC for temporary injunction. The same was rejected. Aggrieved by the same, an appeal was filed. The Appellate Court by the impugned order allowed the appeal and granted the injunction as sought for and the defendants were restrained from establishing and running the petrol and diesel bunk in the suit property till the disposal of the suit. Aggrieved by the same, 4th defendant has filed WP No.34182/2011 and 3rd defendant filed WP No.34068/2011.
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2. At the request of learned Counsels' and since the matters arise from the same impugned order, the petitions are heard together and disposed off by this order.
3. The plea of the plaintiff is that the establishment of the petrol and diesel bunk in the suit schedule property is opposed to law. That the Chitradurga Urban Development Authority has leased the suit schedule property to the Karnataka Food and Civil Supplies Corporation who in turn has permitted the 4th defendant viz., Hindustan Petroleum Corporation Limited to set up a petrol and diesel bunk which according to the plaintiff is a commercial activity. That there is a violation of Section 39 of the Karnataka Urban Development Act and therefore, the act of the defendants are not lawful. On considering the contentions urged, the trial Court rejected the application holding that the plaintiff has failed to make out any prima facie case. In an appeal, the Appellate Court went into the contentions advanced by the -6- plaintiff and decided the question as to whether the establishment of the petrol and diesel bunk in the suit property amounts to a civic amenity in terms of the reasoning in para 15 of the judgment.
4. On perusal of the same, I 'am of the considered view that the Appellate Court exceeded its jurisdiction by framing an issue which is not the subject matter of the application. The suit is one for perpetual injunction. The Appellate Court ventured into framing an issue with regard to the fact that whether the establishment of the petrol and diesel bunk in the suit property amounts to a civic amenity. It went on to hold in favour of the plaintiff. In my considered view it is a matter of trial. A conclusion has to be arrived at after the evidence is led in. The scope of a civic amenity site is not the subject matter. Principles of injunction would have to be considered. Hence, I 'am of the considered view that the Appellate Court exceeded its jurisdiction and the order passed by it is unsustainable and liable to be set aside.
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5. For the aforesaid reasons, the petitions are allowed. The order dated 21.07.2011 passed in M.A.No.4/2011 by the Principal Civil Judge (Sr.Dn) & CJM, Chitradurga is set aside. The order dated 31.01.2011 passed in O.S.No.414/2010 by the I Additional Civil Judge (Jr.Dn.) & JMFC, Chitradurga is affirmed.
Sd/-
JUDGE Prs*