Karnataka High Court
Rajashekhar vs Jagannath And Ors on 3 April, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC-K:2794
WP No. 201985 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION NO.201985 OF 2023 (GM-RES)
BETWEEN:
RAJASHEKHAR,
S/O LATE CHANNABASAPPA KHUBA
AGED ABOUT 70 YEARS
OCC: AGRICULTURE AND BUSINESS
RESIDENT OF H.NO.91-6-267/1 POOJA NILAYA,
SHIVA NAGAR, NORTH BIDAR-585101.
...PETITIONER
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
1. JAGANNATH,
Digitally signed S/O LATE CHANNABASAPPA KHUBA
by RENUKA
AGED ABOUT 62 YEARS
Location: High
Court Of OCC: AGRICULTURE AND BUSINESS
Karnataka R/H.NO.14-833, HOSPET GALLI,
BASAVAKALYAN, DISTRICT: BIDAR-585101.
2. VIDYAVATI,
W/O LATE SUBHASH CHANDRA KHUBA
AGED ABOUT 74 YEARS
OCC: AGRICULTURE AND BUSINESS
R/O NO.21-14 HOSPET GALLI, BASAVAKALYAN,
DISTRICT: BIDAR-585101.
3. THE TERRITORY MANAGER,
BHARAT PETROLEUM LTD.,
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NC: 2024:KHC-K:2794
WP No. 201985 of 2023
NEAR DASUR RAILWAY STATION,
DASUR-GOA RAOD,
BELGUM KARNATAKA - 590014.
...RESPONDENTS
(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE FOR R1;
SRI SHARANABASAPPA K. BABASHETTY, ADVOCATE FOR R2;
SRI SATISHKUMAR GADKAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO CONSIDER THE REPRESENTATION OF THE PETITIONER
DATED 13-03-2023 VIDE ANNEXURE - E AND CONSEQUENTLY
STOP THE SUPPLY OF PETROLEUM PRODUCTS TO M/S S.C
KHUBA PETROLEUM PUMP SITUATED AT BASAVAKALYAN, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION IS COMING ON FOR HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Harshavardhan R. Malipatil, learned
counsel for the petitioner, Sri Sanjeevkumar C. Patil,
learned counsel for respondent No.1,
Sri Sharanabasappa K. Babshetty, learned counsel for
respondent No.2 and Sri Satishkumar Gadkar, learned
counsel for respondent No.3.
NC: 2024:KHC-K:2794
2. The writ petition is filed with the following
prayer:
"i) Issue a Writ of Mandamus directing the
respondents to consider the representation of the
petitioner dated 13-03-2023 vide Annexure - E and
consequently stop the supply of petroleum products
to M/S S.C Khuba Petroleum Pump situated at
Basavakalyan, in the interest of justice and equity.
ii) Issue any other order, direction or writ
as this Hon'ble Court deemed fit in the facts and
circumstances of the case as stated above with
costs in the interest of justice and equity."
3. The facts of the case in brief are as under:
One Subhashchandra Khuba was the licensee from
respondent No.3 and lease holder of the land whereas a
petrol pump is being run. After the death of
Subhashchandra Khuba, there was a suit filed which came
to be decreed wherein the petitioner has also been
granted share. Against the said judgment and decree, the
matter is now pending before this Court in Regular First
NC: 2024:KHC-K:2794
Appeal before the Division Bench. The Division Bench has
also stayed the operation of the judgment and decree.
4. In the meantime, the petitioner said to have
given a representation to respondent No.3 to consider the
right of the present petitioner especially, with regard to
the non-renewal of the lease of the land and requested
respondent No.3 not to supply the petroleum product to
the petrol pump. The said representation is at Annexure -
E. The grievance of the writ petitioner is that Annexure - E
is not considered by respondent No.3.
5. Sri Satishkumar Gadkar, learned counsel for
respondent No.3 submits that the representation of the
petitioner vide Annexure - E is being processed and
shortly necessary communication would be made to the
petitioner.
6. Placing submission of Sri Satishkumar Gadkar,
learned counsel for respondent No.3, the following order is
passed:
NC: 2024:KHC-K:2794
ORDER
i. The Writ Petition stands disposed of.
ii. Respondent No.3 is directed to process
Annexure - E within a period of one month
from today and communicate the
petitioner the result thereof in writing and
file compliance.
Sd/-
JUDGE
RSP
