Dismissed
Sri G Hemanna v. the Commissioner of Police
Karnataka HCWP/52875/2018
Case brief
from the order text
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
What the court decided
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.52875 OF 2018 (GM-POLICE)
BETWEEN:
SRI G. HEMANNA, AGED ABOUT 54 YEARS, S/O LATE GANGANARASAIAH, NO:119, DEEPAHARSHA NILAYA, NEAR GRUHALAKSHMI LAYOUT, NELAGADARANAHALLI, BENGALURU - 560 073.
…PETITIONER
(BY SRI. MUKKANNAPPA S.B., ADVOCATE)
AND:
1 . THE COMMISSIONER OF POLICE, BENGALUU CITY, INFANTRY ROAD, BENGALURU - 560 001.
, 2 . ADDITIONAL CHIEF ELECTRICAL INSPECTOR, BENGALURU NORTH, BESCOM, NO.2/4, ARAGINI BHAVAN, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU - 560 010.
3 . THE HEALTH OFFICER, DASARAHALLI ZONE, BBMP, BAGALAKUNTE, BENGALURU - 560 073.
4 . THE DEPUTY COMMISSIONER OF POLICE, TRAFFIC WEST DIVSIION, BENGALURU CITY, BENGALURU - 560 068.
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5 . THE DEPUTY COMMISSIONER OF POLICE, NORTH DIVISION, BENGALURU CITY, BENGALURU - 560 068. 6 . THE CHIEF FIRE OFFICER, BENGALURU WEST ZONE, HIGH GROUND FIRE STATION PREMISES, SHEHADRI ROAD, BENGALURU - 560 009. 7 . M/S ESSAR OIL LIMITED, NO.12, MAYO CENTER, COMMISSARIATE ROAD, NEAR GARUDA MALL, BENGALURU - 560 025. REP. BY ITS MANAGER. 8 . SMT. PUSHPALATHA.K, AGED ABOUT 43 YEARS, W/O LATE GOVINDARAJU.G RESIDING AT NO.93, GRUHALAKSHMI LAYOUT, NELAGADARANAHALLI, NAGASANDRA POST, BENGALURU - 560 073.
…RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R-1 & R4 TO R6; SRI. H.DEVENDRAPPA, ADVOCATE FOR R3; SRI. R.GOPALAKRISHNA, ADVOCTE FOR R7; SRI. N.SPOORTY HEGDE, ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 16.04.2018 PASSED BY R-1 VIDE ANNXN.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned AGA points out that the petitioner has got an alternate & equally efficacious remedy of Appeal under Section 154 of the Petroleum Rules 2002, and that there are no special circumstances for invoking the writ jurisdiction. This Court agrees with the same.
In the above circumstances, petition is disposed off reserving liberty to the petitioner to present the appeal within four weeks and if such presentation is made, the issue of limitation, latches or delay shall not be raised. Answering respondent shall hear & dispose off the appeal within a period of four weeks, next following.
All contentions kept open.
Cost made easy.
Sd/JUDGE
DS/JY
1 issue framed by the court
Whether the petitioner has approached the court with an alternate remedy available under the Petroleum Rules, 2002.
3 provisions across 2 enactments
Sri G. HEMANNA
The Commissioner of Police, Bengaluru City
K.R. S. DHUNDIRAJ
As recorded by the court registry
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