Shri. Dhulgouda S/O Iragouda ... vs The Deputy Commissioner
2022 Latest Caselaw 3371 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 28TH DAY OF FEBRUARY 2022

                       BEFORE

 THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

            W.P.No.102382/2021 (GM-RES)

BETWEEN :

SHRI DHULGOUDA S/O IRAGOUDA PATIL,
AT & POST BAVAN SOUNDATTI-591 213,
TALUK: RAIBAG, DIST: BELAGAUM.
                                        ... PETITIONER
(BY SRI PRASHANT F.GOUDAR, ADV.)

AND :

1.   THE DEPUTY COMMISSIONER,
     BELGAUM-590001.

2.  BHARAT PETROLEUM CORPORATION LIMITED,
    NEAR DESUR RAILWAY STATION,
    ZADSHAHAPUR, DESUR POST,
    BELGAUM-590014.
                                      ... RESPONDENTS
(BY SRI PRAVEEN K.UPPAR, ADV. FOR R-1
     SRI C.V.ANGADI, ADV. FOR R-2)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE
A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER
DATED 23.04.2021 BEARING NO.KAR.D.C/PTL/CR-36/2020-21
VIDE Annexure-N THE RESPONDENT NO.1 REJECTED THE
REQUEST OF THE PETITIONER FOR GRANTING NO-OBJECTION
CERTIFICATE TO THE PETITIONER AS CONTEMPLATED UNDER
RULE 144(1) AND (2) OF THE PETROLEUM RULES, 2002
PRODUCED VIDE ANNEXURE-N AND ETC.

      THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                   2




                           : ORDER :

This writ petition is filed under Article 226 of the

Constitution of India challenging the order dated

23.4.2021 passed by the Deputy Commissioner,

Belagavi, wherein the petitioner's request for issuance

of 'No Objection Certificate' to establish retail outlet

has been rejected.

2. Case of the petitioner is that he was the

owner of land bearing R.S.No.201/1 situated at

Bavansoundatti village in Raibag taluk of Belagavi

District. Respondent No.2 issued notification and called

for application to retail outlet dealership. Pursuant to

the notification issued by the 2nd respondent, the

petitioner has participated in the said process and was

selected as a dealer for the location Bavansoundatti to

Biradi on Ankali-Chinchali Road and respondent No.2

has also issued 'Letter of intent'. Thereafter,

respondent No.2 on behalf of petitioner has filed an

application before the Deputy Commissioner, Belagavi

as per Annexure-C for issuance of 'No Objection

Certificate' as per Rule 144(2) of the Petroleum Rules,

2002. The application of respondent No.2 has not been

considered by respondent No.1-Deputy Commissioner.

Hence, the petitioner has approached this Court by

filing writ petition in W.P.No.100564/2021. This Court

by order dated 03.03.2021 has directed respondent

No.1-Deputy Commissioner to consider the case of the

petitioner in accordance with law. Thereafter,

respondent No.1-Deputy Commissioner has rejected

the request made by the petitioner by impugned

endorsement dated 23.04.2021 on the ground that

there is a criminal case pending against the petitioner.

Being aggrieved by the same, the petitioner is before

this Court.

3. Sri Prashant F.Goudar, learned counsel

appearing for the petitioner has submitted that, his

request for issuance of 'No Objection Certificate' has

been rejected by respondent No.1 on the ground that,

the criminal case is pending against the petitioner.

Since the petitioner is acquitted in all the criminal

cases filed against him and even in respect of

C.C.No.837/2011, a copy of judgment which is

produced wherein the Principal Civil Judge and JMFC,

Raibag by its judgment dated 16.11.2021 has

acquitted the petitioner in the said criminal case,

hence he sought for allowing the writ petition.

4. Per contra, Sri Praveen K.Uppar, learned

High Court Government Pleader appearing for

respondent No.1-Deputy Commissioner has submitted

that, since application of the petitioner has been

rejected on the ground that there is a criminal case

pending against him, and now, the petitioner has

produced the judgment passed in C.C.No.837/2011 to

show that the petitioner has been acquitted, the case

of the petitioner will be reconsidered in accordance

with law.

5. Heard learned counsel appearing for the

petitioner and learned High Court Government pleader

appearing for respondent No.1-State and perused the

writ papers.

6. Petitioner is the owner of land bearing

R.S.No.201/1 situated at Bavanasoundatti village,

Raibag Taluk of Belagavi District. Pursuant to the

notification issued by respondent No.2, petitioner has

applied to obtain Retail Outlet Dealership and

participated in the said process and finally he has

obtained dealership for the location of

Bavanasoundatti village, and accordingly respondent

No.2 has issued 'Letter of Intent' in favour of

petitioner.

7. Thereafter, on behalf of petitioner,

respondent No.2 filed an application under Rule 144(2)

of the Petroleum Rules 2002 to respondent No.1

requesting for issuance of 'No Objection Certificate'.

The same has been rejected by respondent No.1 vide

impugned order produced at Annexure-N on the

ground that the criminal cases are pending against the

petitioner.

8. Now learned counsel for the petitioner has

filed a memo along with documents to show that the

criminal case filed against the petitioner is ended in

acquittal much less C.C.No.837/2011 has been

disposed of on 16.11.2021 by the Principal Civil Judge

& JMFC, Raibag, wherein he has been acquitted for the

offence under Section 143, 147, 341,186, 353, 504

and 506 read with Section 149 of the Indian Penal

Code. The same has not been disputed by learned

High Court Government Pleader appearing for

respondent No-1-State.

9. In view of the above, the impugned order

passed by respondent No.1 produced at Annexure-N is

liable to be quashed. Hence, I proceed to pass the

following:

: ORDER :

The writ petition is hereby allowed.

The impugned order dated 23.04.2021 passed by respondent No.1- Deputy Commissioner is hereby quashed.

The petitioner is at liberty to submit additional representation enclosing all relevant documents to respondent No.1- Deputy Commissioner.

The Respondent No.1-Deputy Commissioner is directed to re-consider the representation dated 21.01.2021 produced at Annexure-K along with Additional representation to be submitted by the petitioner in accordance with law, not later than two months from the date of receipt of additional representation, if any, submitted by the petitioner.

Sd/-

JUDGE EM