Disposed

Umesh S/O Shivaputrappa v. North West Karnataka Road Transport Corporation

Karnataka HC17 Feb 2023WP/100265/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court directed the North West Karnataka Road Transport Corporation Gadag Division to consider the petitioner's representation dated 14.01.2022 and pass an appropriate order within one month. The interim restraint order on creating rights in favour of the third respondent was continued.

What did the court decide?

Directed Respondent No.2 to consider representation and pass order within one month; interim order continued.

Umesh S/O Shivaputrappa Vs North… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WP No. 100265 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 17^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100265/2022 (GM-RES)

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BETWEEN:

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UMESH S/O SHIVAPUTRAPPA ANGADI, AGE: 35 YEARS, OCC.: BUSINESS, R/O. C/O. S.C. ANGADI, BEHIND VENKATESH TALKIS, NEAR ANNIGERI GARDEN, MASARI, GADAG-582 101.

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PETITIONER

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(BY SRI. C.S. SHETTAR, ADVOCATE)

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AND:

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NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, GOKUL ROAD, HUBBALLI-580 016, DIST. DHARWAD.

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NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, GADAG DIVISION, REPRESENTED BY ITS DIVISIONAL CONTROLLER, GADAG-582 101.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad

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HIMACHAL PRADESH HORTICULTURE PRODUCE MARKETING AND PROCESSING CORPORATION LIMITED REPRESENTED BY ITS REGIONAL MANAGER, 34/1, A-3 ENNORE EXPRESEE HIGH ROAD, THIRUVOTTIYUR, CHENNAI-600019.

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RESPONDENTS (BY SRI. N.S. KINI, ADVOCATE FOR R1 & R2, NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING RESPONDENT NO.2 TO CONSIDER REPRESENTATION OF THIS PETITIONER DATED 14.01.2022 VIDE ANNEXURE-E & ETC.

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

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WP No. 100265 of 2022

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ORDER

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In this writ petition, the petitioner has sought for the following reliefs.

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“1. Issue a writ of mandamus, directing respondent No.2 to consider representation of this petitioner dated 14.01.2022 vide Annexure-E;

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2. Thereby issue any other writ or direction to respondents 1 and 2 restraining them from creating any kind of rights in favour of 3^rd respondent so as to carry out similar business as that of this petitioner in the commercial complex of New Bus Terminal, Gadag.”

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Heard learned counsel for the petitioner and learned counsel for the respondents. Perused the material on record.

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It is the grievance of the petitioner that his representation dated 14.01.2022 at Annexure-E submitted to the respondent No.2 has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.

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4. Per contra , learned counsel for the respondents submits that if reasonable time is given, they would

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WP No. 100265 of 2022

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consider and pass necessary order on the said representations.

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In view of the aforesaid facts and circumstances and rival submissions, respondent No.2 is hereby directed to address the grievances of the petitioner and consider his representation dated 14.01.2022 at Annexure-E and pass appropriate order in accordance with law, within a period of one month from the date of receipt of a copy of this order.

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It is further directed that till the respondents consider the representation / take appropriate decision and pass appropriate orders as stated supra, the interim order dated 21.01.2022 passed by this Court in the present writ petition shall continue to remain in force.

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With the aforesaid directions, the petition stands disposed off.

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SD JUDGE

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BVV

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List No.: 2 Sl No.: 49

Umesh S/O Shivaputrappa v. North West Karnataka Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Umesh S/O Shivaputrappa v. North West Karnataka Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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