North West Karnataka Road Transport ... vs The Assistant Controller Of Legal ... on 30 January, 2012

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Karnataka High Court

North West Karnataka Road Transport ... vs The Assistant Controller Of Legal ... on 30 January, 2012

Bench: Ajit J.Gunjal

                                           WP No.15811/2007

                                  :1:


            IN THE HIGH COURT OF KARNATAKA

              CIRCUIT BENCH AT DHARWAD

       DATED THIS THE      30Th   DAY OF JANUARY, 2012

                            BEFORE

        THE HON'BLE MR.JUSTICE AJIT J.GUNJAL

             W.P.NO.15811 OF 2007 (GMRES)

BETWEEN:

NORTH WEST KARNATAKA ROAD
TRANSPORT CORPORATION
CENTRAL OFFICES
GOKUL ROAD
HUBLI 580 020.
BY ITS MANAGING DIRECTOR
NOW REPRESENTED BY ITS
CHIEF LAW OFFICER
                                             PETITIONER

(BY SRI.K.L.PATIL, ADV.)

AND:

THE ASSISTANT CONTROLLER
OF LEGAL METROLOGY
FLYING SQUAD --3
MEHTA CHAMBERS
GOPANAKOPPA ROAD
KESHWAPUR
HUBLI 560 023.
        --




                                            .RESPONDENT

(BY SMT.K.VIDYAVATHI, AGA)
                                           WP No.15811/2007




     THIS PETITION IS PILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE CRL.MISC.NOS.112/2007 AND 113'2007 ON THE FILE
OF THE JUDICIAL MAGISTRATE FIRST CLASS I, HUBLI
(ANNEXURES C AND D)

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:


                             ORDER

Pursuant to the order dated 8.10.2007 the prayers made by the petitioners at (a> to (c) has been rejected. This writ petition was confined only to prayer (d). Prayer

(d) would read as follows:

(d) A writ in the natuer of mandamus or any other appropriate writ direction or order directing the respondent to release the two diesel dispensing pumps viz., (1) Z-line Pump and (2) Midco Pump and also to ensure the operations of these pumps in accordance with law and in terms of the provisions of the Standards of Weights & Measures (Enforcement) Act, 1985 following registration of the pumps with the authority. 7'), J<J WPNo.15811/2007 I :3:

2. 1 am of the view that the question of issuing a writ of mandamus directing the respondent to release the two diesel dispensing pumps does not arise inasmuch as the petitioner is required to make an application before the learned Magistrate under Section 457 of the Code of Criminal Procedure.

3. The learned counsel appearing for the petitioner submits that the said application has been rejected, in which case the petitioner is required to question the same before the appropriate forum. No merit, petition stands rejected.

Smt.K.Vidyavathi, learned Additional Government Advocate appearing for respondent is permitted to file memo of appearance within four weeks.

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