Karnataka High Court
Karnataka State Petroleum Dealers vs State Of Karnataka on 19 April, 2013
Bench: Chief Justice, B.V.Nagarathna
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF APRIL 2013
PRESENT
THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
WP No.22608/2012
c/w
WP No.5587/2012, WP No.13426/2012, WP No.13588/2012,
WP Nos.14662-14663/2012, WP No.17563/2012 and
WP No.32241/2012
WP NO 22608 OF 2012
BETWEEN :
1. KARNATAKA STATE PETROLEUM DEALERS
WELFARE ASSOCIATION
NO. 55, D-1, INDUSTRIAL SUB-URB,
2ND STAGE, VISWESWARANAGAR,
MYSORE 21,
REP BY ITS PRESIDENT SRI R NARAYANASWAMY
AGED ABOUT 50 YEARS
S/O SRI RAMAKRISHNAIAH
... PETITIONER
(By Sri ANANT MANDAGI, SR. COUNSEL A/W
SRI N MANOHAR, ADV.,)
AND :
1. STATE OF KARNATAKA
BY ITS SECRETARY
FOOR AND CIVIL SUPLIES AND CONSUMER AFFAIRS,
M S BUILDING, DR AMBEDKAR ROAD,
VIDHANA VEEDHI, BANGALORE 01,
BANGALORE CITY
-2-
2. INDIAN OIL CORPORATION LTD,
BANGALORE DIVISION OFFICE
INDIAN OIL BHAVAN, 1ST FLOOR,
NO.29, P KALINGARAO ROAD,
(MISSION ROAD) BANGALORE - 27
REP BY CHIEF DIVISIONAL SALES
MANAGER (RETAIL) BANGALORE CITY
3. UNION OF INDIA
BY ITS SECRETARY
MINISTRY OF PETROLEUM & NATURAL GAS,
SHASTRI BHAVAN
NEW DELHI
... RESPONDENTS
(By Sri R.DEVDAS, AGA FOR R1.
SRI K.S.RAVI, CGC, FOR R3.
SRI UDAYA HOLLA, SR. COUNSEL A/W
SRI B.K.SRIDHAR, ADV., FOR R2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS PERTAINING TO THE ADVERTISEMENT
FOR APPOINTMENT OF NEW OUTLETS DEALERS DATED
11.4.2012, & 17.O4.2012 VIDE ANNEXURES-A & B
RESPECTIVELY & TO QUASH THE SAME AND DIRECT R.1 TO
ISSUE NECESSARY INSTRUCTIONS TO THE DEPUTY
COMMISSIONER ALL OVER THE STATE OF KARNATAKA NOT
TO ISSUE NO OBJECTION TO R.2 FOR ESTABLISHING NEW
OUTLETS DEALERS.
WP NO 5587 OF 2012
BETWEEN :
1. B VENKATACHALAPATHY
S/O BILLIGARAIAH,
AGED ABOUT 64 YEARS,
OCC-BUSINESS, PROPRIETOR,
M/S RADHASHREE SERVICE STATION
-3-
HCPL PETROL/DIESEL RETAIL OUTLET,
S.NO.1429, KIRUGAVAL GRAMAPANCHAYAT,
KIRUGAVAL VILLAGE, TAL-MALWALLI,
DISTRICT : MANDYA.
2. AKHILA KARNATAKA FEDERATION OF
PETROLEUM DEALERS, BANGALORE,
NO.52, GOLDEN SQUARE, 3RD FLOOR,
LALBAG ROAD, BANGALORE.
REPRESENTED BY ITS PRESIDENT,
B.R.RAVINDRANATH.
... PETITIONERS
(By Sri RAJANIKANTKULKARNI, ADV.,)
AND :
1. STATE OF KARNATAKA
BY ITS SECRETARY
FOOD & CIVIL SUPPLIES AND CONSUMER
AFFAIRS, M.S.BUILDING,
DR.AMBEDKAR ROAD,
VIDHANA VEEDHI, BANGALORE-01
2. BHARATH PETROLEUM CORPORATION LTD
NO.17, M.G.ROAD, DU-PARC,
TRINITY-7TH FLOOR,
BANGALORE-01
REPRESENTED BY ITS TERRITORY MANAGER (RETAIL)
3. HINDUSTAN PETROLEUM CORPOARTION LTD
NO.77, OLD MADRAS ROAD,
DOORVANI NAGAR, P.O.KRISHNARAJPURAM,
BANGALORE-16,
REPRESENTED BY CHIEF REGIONAL MANAGER.
4. INDIAN OIL CORPORATION LTD
BANGALORE DIVISION OFFICE,
INDIAN OIL BHAVAN, 1ST FLOOR,
NO.29, P.KALINGARAO ROAD,
(MISSION ROAD) BANGALROE-27,
-4-
REPRESENTED BY CHIEF DIVISIONAL
SALES MANAGER(RETAIL)
5. UNION OF INDIA
BY ITS SECRETARY,
MINISTRY OF PETROLEUM & NATURAL GAS,
SHASTRI BHAVAN,
NEW DELHI
... RESPONDENTS
(By Sri R. DEVDAS, AGA FOR R1.
SRI B. PRAMOD, CGC FOR R5.
SRI M.S. NARAYANA, ADV., FOR R2 & R3.
SRI UDAYA HOLLA, SR. COUNSEL A/W
SRI B.K. SRIDHAR, ADV., FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS LEADING TO ISSUE OF ADVERTISMENT
NOTIFICATION VIDE ANNEXURE-C DATED 15.9.2011 AND
ANNEXURE-D DATED 27.8.2011 AND QUASH THE SAME AND
DIRECT R.1 TO ISSUE NECESSRAY INSTRUCTION TO THE
DEPUTY COMMISSIONER ALL OVER THE STATE OF
KARNATAKA NOT TO ISSUE NO OBJECTION TO THE OMCS
FOR ESTABLISHING NEW PETROL BUNKS.
WP NO 13426 OF 2012
BETWEEN :
1. B P MUDDU MALLU
S/O LATE PUTTASWAMY,PROPRIETOR,
AGED ABOUT 48 YEARS
BMP FUELS,
BEGUR-571109, GUNDLUPET TALUK,
CHAMRAJNAGAR DISTRICT.
... PETITIONER
(By Sri P MAHESHA & SRI KRISHNA B J, ADVS.,)
-5-
AND :
1. STATE OF KARNATAKA
BY ITS SECRETARY
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS,
M.S.BUILDING, DR.AMBEDKAR ROAD,
VIDHAN VEEDHI,
BANGALORE-01.
2. BHARATH PETROLEUM CORPORATION LTD.,
NO.17 M.G.ROAD, DU-PARC,
TRINITY-7TH FLOOR, BANGALORE-01.
REPRESENTED BY ITS
TERRITORY MANAGER (RETAIL)
3. HINDUSTHAN PETROLEUM CORPORATION LTD.,
NO.77, OLD MADRAS ROAD,
DOORVANI NAGAR, P.O.KRISHNARAJPURAM,
BANGALORE-16,
REPRESENTED BY ITS CHIEF REGIONAL MANAGER.
4. INDIAN OIL CORPORATION LTD.,
BANGALORE DIVISION OFFICE,
INDIAN OIL BHAVAN, 1ST FLOOR,
NO.29, P.KALINGARAO ROAD,
(MISSION ROAD), BANGALORE-27.
REPRESENTED BY ITS CHIEF DIVISIONAL
SALES MANAGER (RETAIL)
5. UNION OF INDIA
BY ITS SECRETARY
MINISTRY OF PETROLEUM AND NATURAL GAS,
SHASTRI BHAVAN,
NEW DELHI.
... RESPONDENTS
(By UDAYA HOLLA, SR. COUNSEL A/W
SRI B.K. SRIDHAR, ADV., FOR R3 & R4.
SRI R. DEVDAS, AGA FOR R1.
SMT. SREEDEVI, ADV., FOR R2)
-6-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ADVERTISEMENT ISSUED BY RESPONDENT NOS.2,
3 & 4 DATED 15.9.2011 VIDE ANNEXURE-D AND DIRECT THE
5TH RESPONDENT TO CONSIDER THE REPRESENTATION VIDE
ANNEXURE-C DATED 15.12.2011 GIVEN BY THE FEDERATION
OF ALL INDIA PETROLEUM TRADERS.
WP NO 13588 OF 2012
BETWEEN :
1. K C KRISHNAPPA
S/O CHANNIGEGOWDA
AGED ABOUT 60 YEARS
PROPRIETOR,
SRI NANJUNDESHWARA SERVICE STATION
KSK DEALER, KITTUR,
PERIYAPATNA TALUK, MYSORE DISTRICT
... PETITIONER
(By Sri P MAHESHA & SRI KRISHNA B J, ADVS.,)
AND :
1. STATE OF KARNATAKA
BY ITS SECRETARY
FOOD AND CIVIL SUPPLIES AND CONSUMER
AFFAIRS, M.S. BUILDING,
DR. AMBEDKAR ROAD,
VIDHAN VEEDHI,
BANGALORE - 01
2. BHARATH PETROLEUM CORPORATION LTD.,
NO.17, M.G.ROAD,
DU-PARC, TRINITY-7TH FLOOR,
BANGALORE-01
REPRESENTED BY ITS
TERRITORY MANAGER (RETAIL)
-7-
3. HINDUSTHAN PETROLEUM CORPORATION LTD.,
NO.77, OLD MADRAS ROAD,
DOORVANI NAGAR,
P.O. KRISHNARAJPURAM,
BANGALORE- 16
REPRESENTED BY ITS
CHIEF REGIONAL MANAGER.
4. INDIAN OIL CORPORATION LTD.,
BANGALORE DIVISION OFFICE,
INDIAN OIL BHAVAN, IST FLOOR,
NO.29, KALINGARAO ROAD,
(MISSION ROAD) BANGALORE-27,
REPRESENTED BY ITS CHIEF DIVISIONAL
SALES MANAGER (RETAIL)
5. UNION OF INDIA
BY ITS SECRETARY, MINISTRY OF PETROLEUM
AND NATURAL GAS, SHASTRI BHAVAN,
NEW DELHI.
... RESPONDENTS
(By Sri UDAYA HOLLA, SR. COUNSEL FOR
SRI B K SRIDHAR FOR R3 & R4.
SRI R. DEVDAS, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ADVERTISEMENT ISSUED BY THE R2, R3 AND R4
DATED 15.9.2011 VIDE ANNEXURE-D AND DIRECT THE R5 TO
CONSIDER THE REPRESENTATION VIDE ANNEXURE-C, DATED
15.12.2011 GIVEN BY THE FEDERATION OF ALL INDIA
PETROLEUM TRADERS AND ETC.,
-8-
WP Nos.14662-14663 OF 2012
BETWEEN :
1. K P SHANKAR PAPAIAH
S/O PAPAIAH
AGED ABOUT 60 YEARS
PROPRIETOR,
SRI.SHANKAR SERVICE STATION
R/AT NO.1066,
P.H.ROAD, BETTADAPURA
PERIYAPATNA TALUK
MYSORE DISTRICT-571102.
2. SMT.VEDAVATHY T.N.
W/O CHANDRASHEKAR
AGED ABOUT 32 YEARS
PROPRIETOR, M/S NANDI BASAVESHWARA
SERVICE STATION, H.P.ROAD,
BETTADAPURA PERIYAPATNA TALUK
MYSORE DISTRICT-571102.
... PETITIONERS
(By Sri P MAHESHA & SRI KRISHNA B J, ADVS.,)
AND :
1. BHARATH PETROLEUM CORPORATION LTD
NO.17, M.G.ROAD, DU-PARC,
TRINITY-7TH FLOOR, BANGALORE-01
REPRESENTED BY ITS
TRRITORY MANAGER (RETAIL)
2. HINDUSTHAN PETROLEUM CORPORATION LTD.,
NO.77, OLD MADRAS ROAD,
DOORVANI NAGAR
P.O.KRISHNARAJPURAM
BANGALORE-16
REPRESENTED BY ITS CHIEF REGIONAL MANAGER.
-9-
3. INDIAN OIL CORPORATION LTD,
BANGALORE DIVISION OFFICE, INDIAN OIL
BHAVAN, 1ST FLOOR, NO.29,
P.KALINGARAO ROAD,
(MISSION ROAD) BANGALORE-27
REPRESENTED BY ITS CHIEF DIVISIONAL
SALES MANAGER (RETAIL)
4. UNION OF INDIA
BY ITS SECRETARY
MINISTRY OF PETROLEUM AND NATURAL GAS
SHASTRI BHAVAN
NEW DELHI
5. STATE OF KARNATAKA
BY ITS SECRETARY
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS, M.S.BUILDING,
DR.AMBEDKAR ROAD,
VIDHAN VEEDHI,
BANGALORE-01.
6. DEPUTY COMMISSIONER
MYSORE DISTRICT
MYSORE.
... RESPONDENTS
(By Sri UDAYA HOLLA, SR. COUNSEL A/W
SRI B.K. SRIDHAR, ADV., FOR R2 & R3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE PROPOSED LICENSE TO BE ISSUED BY
VIRTUE OF NEWSPAPER ADVERTISEMENT DATED 11.4.2012
IN VIJAYA KARNATAKA DAILY NEWSPAPER BY THE 3RD
RESPONDENT, INDIAN OIL CORPORATION IN RESPECT OF
SL.NO.278 & 282 VIDE ANNEXURE-F AND NEWSPAPER
ADVERTISEMENT DATED 29.2.2012 IN PRAJAVANI KANNADA
DAILY NEWSPAPER BY THE 2ND RESPONDENT HINDUSTAN
PETROLEUM CORPORATION LIMITED ONLY IN RESPECT OF
SL.NO.253 & 357, VIDE ANNEXURE-G AND ETC.,
- 10 -
WP NO 17563 OF 2012
BETWEEN :
1. SRI B S PRAKASH S/O SRI B.N. SANNANANJAPPA
AGED ABOUT 48 YEARS,
C/O SRI NAGANNA H K
ANIL MEDICALS, RAMANATHAPURA
ARKALGUD TALUK
HASSAN DIST-573133
... PETITIONER
(By Sri D NAGARAJ, ADV.,)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECY TO GOVT,
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS
M S BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001
2. UNION OF INDIA
BY ITS SECRETARY
MINISTRY OF PETROLEUM AND
INDUSTRIAL GAS, SHASTRI BHAVAN
NEW DELHI-1
3. HINDUSTAN PETROLEUM CORPORATION LTD
NO.77, OLD MADRAS ROAD,
DOORAVANINAGAR POST,
KRISHNARAJAPURAM,
BANGALORE-560016,
REPRESENTED BY ITS
CHIEF REGIONAL MANAGER
4. INDIAN OIL CORPORATION
BANGALORE DIVISIONAL OFFICE,
INDIAN OIL BHAVAN, 1ST FLOOR,
NO.29, P. KALINGA RAO ROAD,
(MISSION ROAD)
BANGALORE-560002,
- 11 -
REPRESENTED BY ITS
CHIEF DIVISIONAL SALES MANAGER
... RESPONDENTS
(By Sri R. DEVDAS, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DATED 17.04.2012 PUBLISHED IN
THE KANNADA DAILY "VIJAY KARNATAKA" AS PER ANNEXURE
H ISSUED BY THE 4TH RESPONDENT IN SO FAR AS IT
RELATES TO INVITING APPLICATIONS FOR ESTABLISHING
RETAIL OUTLET IN GANGUR VILLAGE, ARKALGUD TALUK,
HASSAN DISTRICT AT SL.NO.250 OF THE NOTIFICATION AND
ETC.,
WP NO 32241 OF 2012
BETWEEN :
1. KARNATAKA STATE PETROLEUM DEALERS
WELFARE ASSOCIATION,
NO. 55, D-1, INDUSTRIAL SUB-URB,
2ND STAGE, VISWESWARANAGAR,
MYSORE - 08,
REPRESENTED BY ITS PRESIDENT,
SRI R NARAYANASWAMY,
AGED ABOUT 50 YEARS,
S/O SRI RAMAKRISHNAIAH
... PETITIONER
(By Sri ANANT MANDAGI, SR. COUNSEL FOR
SRI N MANOHAR, ADV.,)
AND :
1. STATE OF KARNATAKA BY ITS SECRETARY,
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS,
M.S. BUILDING, DR. AMBEDKAR ROAD,
VIDHANA VEEDHI,
- 12 -
BANGALORE - 560001,
BANGALORE CITY
2. INDIAN OIL CORPORATION LTD.,
BANGALORE DIVISIONAL OFFICE,
INDIAN OIL BHAVAN, 1ST FLOOR,
NO. 29, P KALINGARAO ROAD,
(MISSION ROAD) BANGALORE-560027,
REPRESENTED BY CHIEF DIVISIONAL
SALES MANAGER (RETAIL)
BANGALORE CITY.
3. HINDUSTAN PETROLEUM CORPORATION LTD.,
NO. 77, OLD MADRAS ROAD,
BANGALORE - 16,
REPRESENTED BY ITS
CHIEF REGIONAL MANAGER.
4. BHARATH PETROLEUM CORPORATIN LTD.,
NO. 17, M.G. ROAD, DU-PARC,
TRINITY, 7TH FLOOR,
BANGALORE - 01,
REPRESENTED BY ITS TERRITORY
MANAGER (RETAIL)
5. UNION OF INDIA
BY ITS SECRETARY,
MINISTRY OF PETROLEUM
& NATURAL GAS, SHASTRI BHAVAN
NEW DELHI-110001
... RESPONDENTS
(By Sri R DEVDAS, AGA FOR R1
SRI M.S. NARAYAN, ADV., FOR R2.
SRI UDAY. S. HOLLA, SR. COUNSEL A/W SRI B.K. SRIDHAR,
ADV FOR R3 & R4.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS PERTAINING TO THE ADVERTISEMENT
FOR APPOINTMENT OF NEW OUTLETS DEALERS DT.25.3.2010,
- 13 -
7.7.2010 & 29.9.2010 VIDE ANNEXURE-A, B & C ISSUED BY
RESPONDENT NOS.3,2 AND 4 RESPECTIVELY AND TO QUASH
THE SAME AND ETC.,
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
1. In view of the dismissal of the main petition WP No.10400/2012, these writ petitions admittedly raising the same issues do not survive for consideration and also stand dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv