Karnataka High Court
Rubina Parveen Bagban vs The Deputy Commissioner And Ors on 8 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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WA No.200009 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO.200009 OF 2024 (GM-RES)
BETWEEN:
SMT. RUBINA PARVEEN BAGBAN
W/O RASHEED AHMED BAGBAN
@ MOHAMMAD ABDUL RASHEED
AGED ABOUT 60 YEARS
OCC: BUSINESS
R/O H.NO.1-629, UPPER LANE
BEHIND RAJASTHAN LODGE
STATION BAZAR
KALABURAGI - 585 102.
...APPELLANT
Digitally signed by
BASALINGAPPA
SHIVARAJ (BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
DHUTTARGAON
Location: High
Court Of Karnataka
AND:
1. THE DEPUTY COMMISSIONER
MINI VIDHAN SOUDHA
KALABURAGI - 585 102
2. THE CHIEF REGIONAL MANAGER
H.P.C.L., BELLARY
RETAIL REGIONAL OFFICE
2ND FLOOR, GANDHI NAGAR
BELLARY - 583 103.
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WA No.200009 of 2024
3. SRI BALAJI AUTO SERVICES
DEALERS FOR INDIAN OIL
CORPORATION LTD.,
BY ITS PROP: VIJAYKUMAR
S/O H.TARANATH
AGE: 47 YEARS, OCC: BUSINESS
R/O PLOT NO.12 SY.NO.29/2, RAJAPUR
SHAHABAD ROAD, KALABURAGI
DIST:KALABURAGI - 585 105.
...RESPONDENTS
(BY SRI VEERANAGOUDA M. BIRADAR, H.C.G.P., FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
APPEAL AND SET-ASIDE THE ORDER OF THE LEARNED SINGLE
JUDGE DATED 26.09.2023 IN W.P.NO.200309 OF 2023, AND
CONSEQUENTLY DISMISS THE I.A. FOR IMPLEADING FILED BY
THE RESPONDENT NO.3 HEREIN, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned Government Advocate is directed to take
notice for respondent No.1.
2. This appeal is filed by the petitioner challenging
the order dated 26.09.2023 in W.P.No.200309/2023
whereby the learned Single Judge has allowed the
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application in I.A.No.2/2023 filed by the impleading
applicant to come on record as respondent No.3.
3. Learned counsel for the appellant contended
that the order impugned in the Writ Petition is a direction
issued by the Deputy Commissioner, Kalaburagi on
12.01.2023 directing the owners/officers of the Hindustan
Petroleum Corporation Limited not to supply petroleum
products to the petitioner-petrol pump. He further
contended that the impleading applicant is neither
necessary nor proper party in the Writ Petition. Hence, he
sought for interference of this Court.
4. Heard the learned counsel for the parties and
perused the writ papers.
5. On perusal of the writ papers, it is evident that
the petitioner has challenged the order dated 12.01.2023
passed by the Deputy Commissioner, Kalaburagi under
Article 226 of Constitution of India, whereby the learned
Single Judge has allowed the application for impleading
rival party as respondent No.3 in the Writ Petition. The
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said Writ Petition is pending before the learned Single
Judge for adjudication. Hence, we are of the opinion that
by the impugned order of impleadment of respondent No.3
in the writ petition, the right of the appellant will not affect
in any manner. Hence, no grounds are made out by the
appellant for interference in this appeal. Accordingly, the
Writ Appeal is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
Ct;VK
