Dismissed

Smt. Saraswathamma W/O Basalingappa Patil Ors. v. Government of India Ministry of Commerce and Ors.

Karnataka HC19 Jul 2012WP/82558/2012

Case brief

AI extract

What is this about?

Petitioners filed writ petitions under Articles 226 and 227 of the Constitution seeking a writ of mandamus to direct the licensing authority not to renew a license granted to the fifth respondent. The Court held that negative writs cannot be issued but directed the authority to consider statutory requirements during renewal.

What the court decided

AI extract

Smt. Saraswathamma W/O Basalingappa Patil Ors. Vs… — Specific Performance | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 19^TH DAY OF JULY 2012

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BEFORE

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THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS

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WRIT PETITION No. 82558/2012 &

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WRIT PETITION No. 82770-82771/2012 (GM-RES)

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BETWEEN :

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Smt. SARASWATHAMMA W/O. BASALINGAPPA PATIL AGE 82 YERS OCC. HOUSEHOLD R/O. HALKERI TQ. RON, DIST. GADAG.

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Y NIRMALA W/O. Y RAJSHEKAR AGE 73 YEARS OCC. HOUSEHOLD R/O. KAMBLI BAZAR, BELLARY.

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Y NEELAMMA W/O. BASAVARAJ AGE 70 YERS OCC. HOUSEHOLD R/O. KAMBLI BAZAR BELLARY

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ALL ARE REP. BY THEIR POWER OF ATTORNEY HOLDER SHARANAPPA PATEL S/O. B A PATEL, AGE 68 YEARS OCC. AGRICULTURE R/O. STATION ROAD, RAICHUR. … PETITIONERS (BY Sri. CHAITANYA KUMAR CHANDRIKI, ADV.)

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AND :

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GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY, PETROLEUM & EXPLOSIVES SAFETY ORGANIZATION (PESO) No. 140, RUHKMINI LAXMIPATI ROAD MARSHALLS ROAD EGMORE CHENNAI – 600 008.

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THE CHIEF CONTROLLER OF EXPLOSIVES, A BLOCK CGO COMPLEX, 5^TH FLOOR SEMINARY HILLS NAGPUR – 440006.

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THE DEPUTY COMMISSIONER RAICHUR DIST. RAICHUR.

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THE SUPERINTEND OF POLICE RAICHUR DIST. RAICHUR.

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INDIA OIL CORPORATION LTD., 1^ST FLOOR,F6 INFANTRY ROAD CANTONMENT, BELGAUM. … RESPONDENTS

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(BY Sri. MANVENDRA REDDY, AGA, FOR R-3 & 4)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT No. 2 NOT TO RENEW THE LICENSE GRANTED TO FIFTH RESPONDENT AND ETC.

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THESE WRIT PETITIONS COMING ON FOR PERLIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING

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O R D E R

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Sri. Manvendra Reddy, learned Additional Government Advocate is

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directed to take notice for respondent Nos. 3 and 4.

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In these writ petitions the petitioners have prayed for a writ of

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mandamus directing respondent No. 2 not to renew the license to run a

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retail outlet of petroleum products in favour of respondent No. 5.

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This type of negative writs cannot be issued. However, the

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licensing authority while renewing the license shall take into consideration

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the statutory requirement.

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With the above observation, the writ petitions are hereby disposed

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off.

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Learned Additional Government Advocate is permitted to file

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memo of appearance within three weeks from today.

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Sd/JUDGE.

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LRS.

Smt. Saraswathamma W/O Basalingappa Patil Ors. v. Government of India Ministry of Commerce and Ors.

Case brief

What is this about?

What the court decided

Smt. Saraswathamma W/O Basalingappa Patil Ors. v. Government of India Ministry of Commerce and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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