Allowed

Kishor Kumar v. Hindustan Petroleum Corporation Limited

Karnataka HC16 Jan 2023WP/147151/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharrowad Bench, in a writ petition filed by Kishor Kumar against HPCL, directed the respondent to consider the petitioner's OBC certificate dated 23.07.2019 and pass an appropriate order regarding the dealership location within three months, disposing of the petition. The court rejected a request for a stay pending consideration.

What did the court decide?

Petitioner directed to be given notice and appropriate order passed within three months; petition disposed of.

Kishor Kumar Vs Hindustan Petroleum Corporation… — Service and Employment | Karnataka HC (2023)

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WP No. 147151 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 147151 OF 2020 (GM-RES)

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BETWEEN:

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KISHOR KUMAR, S/O. JANARDHAN TAMMINIDI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O NEAR STATE BANK OF INDIA, MUNIRABAD R.S., DIST: KOPPAL.

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…PETITIONER

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(BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE)

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AND:

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HINDUSTAN PETROLEUM CORPORATION LIMITED BALLARI RETAIL REGIONAL OFFICE, SHAIKH SAAB FATHIMA BEE COMPLEX, 1ST FLOOR, BASVESHWAR DAIGNOSTIC CENTER, IIND CROSS GANDHI NAGAR BALLARI, BALLARI-583103, REP. BY ITS HEAD OF REGIONAL OFFICE.

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…RESPONDENT

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(BY SRI. C.V.ANGADI, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 ANED 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE OBC CERTIFICATE ISSUED BY THE TAHASILDAR KOPPAL IN COMPLIANCE OF THE APPENDIX VII A AND ISSUE RETAIL OUT LET (PETROL PUMP) DEALERSHIP, LOCATION AT NH-67. ON LHS WITHIN 8KM FROM CROSS TOWARDS HOSEPET DISTRICT KOPPAL IN THE

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WP No. 147151 of 2020

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INTEREST OF JUSTICE AND EQUITY; II) ISSUE SUCH OTHER WRIT OR ORDER AND DIRECTIONS AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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

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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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“ i) Issue a writ in the nature of mandamus directing the respondent to consider the OBC certificate issued by the Tahasildar Koppal produced at Annexure-G dated 23.07.2019 in compliance of the appendix vii a and issue retail out let (petrol pump) dealership, location at NH67. on lhs within 8km from cross towards Hosepet district Koppal, in the interest of justice and equity;

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ii) Issue such other writ or order and directions as this Hon’ble Court deems fit under the facts and circumstances of the case and allow this writ petition in the interest of justice and equity.”

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

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WP No. 147151 of 2020

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It is the grievance of the petitioner that inaction of the respondent authority in not issuing the retail dealership location at NH-67 on LHS within 8 k.m. from cross towards Hosapete and the OBC certificate issued by the Tahasildar, Koppal at Annexure-G dated 23.07.2019 in compliance of the Appendix VII A 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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Per contra , learned counsel for the

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respondent submits that if reasonable time is given, they would consider and pass necessary order on the said representations.

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In view of the aforesaid facts and

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circumstances and rival submissions, respondent is hereby directed to address the grievances of the petitioner and consider the OBC certificate issued by the Tahsildar, Koppal dated 23.07.2019 at Annexure-G and pass appropriate order in accordance with law,

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WP No. 147151 of 2020

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within a period of three months from the date of receipt of a copy of this order.

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With the aforesaid directions, the petition stands disposed off.

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SD/JUDGE

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CLK List No.: 1 Sl No.: 32

Kishor Kumar v. Hindustan Petroleum Corporation Limited

Case brief

What is this about?

What did the court decide?

Kishor Kumar v. Hindustan Petroleum Corporation Limited

Case brief

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