Dismissed¶¶65

H H Shivakumar v. M/S Indian Oil Corporation Ltd.

Karnataka HC24 Feb 2026WP/5295/2021

Case brief

AI extract

What is this about?

Indian Oil Corporation; IOCL; IBP Co. Ltd.; retail outlet; petrol pump; maintenance and handling contract; representation dated 04.06.2019; Annexure-J; writ of mandamus; Articles 226 and 227; infructuous; dismissed as infructuous; memo dated 24.02.2026; Karnataka High Court; Bengaluru; GM-RES; WP No.5295 of 2021; M.G.S. Kamal; Siddhartha S.P.; Subramanya R.; Dhananjay Joshi; Hassan; Chitradurga; Mysuru; Belgaum; Mandya; Mangaluru; Bellary.

What did the court decide?

None; the writ petition was dismissed as having become infructuous at the instance of the petitioners themselves (by memo dated 24.02.2026), the respondents having meanwhile leased out and granted the retail outlets to the petitioners during pendency. ¶¶65

H H Shivakumar Vs M/S Indian Oil Corporation Ltd. — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶¶65

Issue for consideration

Whether the writ petition survived for consideration, given that during its pendency the respondents reconsidered the matter and leased out and granted the retail outlets to the petitioners, permitting them to continue to operate and maintain the said outlets. +1 more

¶¶62

Court's answer

The memo dated 24.02.2026 filed by learned counsel for the petitioners — recording that the respondents had, during the pendency of the writ petition, reconsidered the matter, leased out and granted the retail outlets to the petitioners, and that therefore the prayer of the writ petition no longer survived — was taken on record and accepted.

¶¶63

Ratio / Principle

On the strength of the accepted memo, the writ petition is dismissed as having become infructuous.

¶¶64

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), W.P. No.5295 of 2021 (GM-RES), decided 24.02.2026 (M.G.S. Kamal, J.). Thirteen petitioners — persons/firms operating retail outlets selling petroleum products of erstwhile IBP Co. Ltd. (taken over by M/s. Indian Oil Corporation Ltd.) — had petitioned under Articles 226 and 227 of the Constitution seeking (i) directions to the respondents to allow and continue their operation of the retail outlets in the schedule properties, or (ii) alternatively, consideration of their representation dated 04.06.2019 (Annexure-J) for execution of maintenance and handling contracts. Before the matter came up for orders, counsel filed a memo dated 24.02.2026 stating that during pendency the respondents had reconsidered the matter and had leased out and granted the retail outlets to the petitioners, permitting continued operation, so that the prayer of the petition no longer survived. Taking the memo on record and accepting it, the Court dismissed the writ petition as having become infructuous.

¶1

¶2

NC: 2026:KHC:11249 WP NO.5295 OF 2021

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 24^TH DAY OF FEBRUARY, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.5295 OF 2021 (GM-RES)

¶8

BETWEEN:

¶9

H.H. SHIVAKUMAR S/O LATE HUCHAIAH, AGED ABOUT 52 YEARS, R/AT 'SHALINI NILAYA', KESHAVA ROAD, BEHIND GOVT POLYTECHNIC COLLEGE, INDIRANAGAR, HASSAN - 573 201.

¶10

H.V. SANDYA W/O H.H. SHIVAKUMAR AGED ABOUT 46 YEARS, R/AT 'SHALINI NILAYA', KESHAVA ROAD, BEHIND GOVT. POLYTECHNIC COLLEGE, INDIRANAGAR, HASSAN - 573 201.

¶11

Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

¶12

SMT. B.V. ANASUYAMMA W/O LATE B. VENUGOPAL GUPTA, AGED ABOUT 77 YEARS, R/AT 'ANKITYA NILAYA', SOMAGUDDU ROAD, CHALLAKERE,

¶13

CHITRADURGA DISTRICT - 577 522.

¶14

B.V. AMARNATH GUPTA S/O LATE B. VENUGOPAL GUPTA, AGED ABOUT 54 YEARS, R/AT 'ANKITYA NILAYA', SOMAGUDDU ROAD,

¶15

¶16

NC: 2026:KHC:11249 WP NO.5295 OF 2021

¶17

HC-KAR

¶18

CHALLAKERE, CHITRADURGA DISTRICT - 577 522.

¶19

SMT. C.A. SUDHA W/O SRI. C.B. ASHWIN, AGED ABOUT 48 YEARS, R/AT NO.1066, G & H BLOCK, KUVEMPU NAGAR, MYSURU - 570 009.

¶20

M.S. NANJUNDASWAMY S/O SRI. V. SRIKANTASWAMY, AGED ABOUT 41 YEARS, R/AT NO.1526, 8^TH CROSS, THYAGARAJA ROAD, MYSURU - 570 003.

¶21

ARUN G. THOPANNAWAR S/O SRI. GURUSIDDAPPA M. THOPANNAWAR, AGED ABOUT 47 YEARS, R/AT CLUB ROAD, BASAVANAGAR, BELGAUM - 590 001.

¶22

NITIN S. ANGADI S/O SHASHIDHAR M. ANGADI, AGED ABOUT 36 YEARS, 7^TH CROSS, BHAGYANAGAR, ANGOL, BELGAUM - 590 001.

¶23

M/S/ NANDI ASSOCIATES 7^TH CROSS, BHAGYANAGAR, ANGOL, BELGAUM-590 001 REP. BY ITS PARTNER SRI. ASHWINI A. THOPANNAWAR.

¶24

C.S. PUTTARAJU S/O SRI. SANNATHAMME GOWDA AGED ABOUT 50 YEARS,

¶25

3 - NC: 2026:KHC:11249 WP NO.5295 OF 2021

¶26

HC-KAR

¶27

R/O CHINNAKURULI VILLAGE, CHINAKURULI HOBLI, PANDAVAPURA TALUK, MANDYA - 571 401.

¶28

C. ASHOK S/O LATE C.S. CHIKKARAME GOWDA AGED ABOUT 35 YEARS, R/AT CHINAKURULI VILLAGE, CHINKAURULI HOBLI, PANDAVAPURA TALUK, MANDYA - 571 401.

¶29

N. SEETHARAM SHETTY S/O LATE SANJIVA SHETTY, AGED ABOUT 60 YEARS, R/AT 'SRI DEVI PRASAD' DADS - ASAIGOLI, KANAJE VILLAE, MANGALURU TALUK DAKSHINA KANNADA DISTRICT - 575 001.

¶30

SMT. SUDHA S. SHETTY W/O SEETHARAM SHETTY, AGED ABOUT 52 YEARS, R/AT 'SRI DEVI PRASAD', DADS - ASAIGOLI, KANAJE VILLAGE, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 001.

¶31

…PETITIONERS

¶32

(BY SRI. SIDDHARTHA S.P., ADVOCATE FOR SRI. SUBRAMANYA R., ADVOCATE)

¶33

AND:

¶34

M/S. INDIAN OIL CORPORATION LTD. KARNATAKA STATE OFFICE, INDIAN OIL BHABAN, 29, P. KALINGA RAO ROAD (MISSION ROAD), BENGALURU - 560 027. REP. BY ITS EXECUTIVE DIRECTOR.

¶35

¶36

NC: 2026:KHC:11249 WP NO.5295 OF 2021

¶37

HC-KAR

¶38

M/S. INDIAN OIL CORORATION LTD. NO.29, P. KALINGA RAO ROAD (MISSION ROAD), BENGALURU.

¶39

REP. BY ITS CHIEF DIVISIONAL SALES MANAGER, BENGALURU DIVISION - 560 027.

¶40

THE SENIOR DIVISIONAL RETAIL SALES MANAGER M/S. INDIAN OIL CORPORATION LTD. (MARKETING DIVISION), MYSURU DIVISIONAL OFFICE, 118, METAGALLI, BEHIND FCI GODOWN, MYSURU - 570 116.

¶41

THE CHIEF DIVISIONAL RETAIL SALES MANAGER MANGALURU DIVISIONAL OFFICE, M/S. INDIAN OIL CORPORATION LTD., INDIAN OIL BHAVAN, ABBAKKANAGAR, KOTTARA, KULOOR-FERRY ROAD, MANGALURU - 575 006.

¶42

SENIOR DIVISIONAL RETAIL SALES MANAGER BELLARY DIVISIONAL OFFICE, M/S. INDIAN OIL CORPORATION LTD., NO.6, 1^ST FLOOR, INFANTRY ROAD, CANTONMENT, BELLARY, BELLARY DISTRICT - 583 104.

¶43

CHIEF DIVISIONAL RETAIL SALES MANAGER BELGAUM DIVISIONAL OFFICE, M/S. INDIAN OIL CORPORATION LTD., KHANAPUR ROAD, TIALAK WADI, BELGAUM, BELGAUM DISTRICT - 590 006.

¶44

…RESPONDENTS

¶45

(BY SRI. DHANANJAY JOSHI, ADVOCATE FOR R1; R2 T0 R6 SERVED)

¶46

¶47

NC: 2026:KHC:11249 WP NO.5295 OF 2021

¶48

HC-KAR

¶49

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ALLOW AND CONTINUE THE PETITIONERS TO OPERATE RETAIL OUTLETS RUN BY THE PETITIONERS IN THE SCHEDULE PROPERTIES; ALTERNATIVELY DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 04.06.2019 MADE BY THE PETITIONERS FOR EXECUTION OF MAINTENANCE AND HANDLING CONTRACT TO OPERATE THE RETAIL OUTLETS WHICH IS BEING RUN BY THEM AS ON DATE VIDE ANNEXUREJ; AND ETC.

¶50

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶51

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

¶52

ORAL ORDER

¶53

Learned counsel appearing for petitioners has filed Memo dated 24.02.2026, which reads as under:

¶54

"MEMO FOR THE PETITION HAVING BECOME INFRUCTUOUS

¶55

The petitioners respectfully submits as under:

¶56

1. This Writ Petition is filed questioning the action of the Respondents in discontinuing the petitioners from maintaining & handling the Retail Outlets established in the schedule properties for sale of petroleum products of IBP Co. Ltd., which is now taken over by M/s. Indian Oil Corporation Ltd., during the pendency of consideration of the representation made by the petitioners for continuing them to maintain & handle the retail outlets and sought for the prayer to issue Writ of Mandamus directing the respondents to allow and

¶57

¶58

NC: 2026:KHC:11249 WP NO.5295 OF 2021

¶59

HC-KAR

¶60

continue the petitioners to operate the retail outlets run by the petitioners in the scheduled property and other alternative reliefs.

¶61

2. Its is respectfully submitted that during the pendency of the above Writ Petition, the Respondents have reconsidered the matter and have now leased out and granted the Retail Outlets in favour of the Petitioners and thereby permitting us to continue to operate and maintain the said outlets.

¶62

3. Accordingly, the prayer of the above writ petition doesn't survive for consideration. Hence it is most respectfully prayed that this Hon'ble Court may be pleased to Dismiss the Writ Petition as having become infructuous."

¶63

Memo is taken on record and accepted.

¶64

Accordingly, writ petition is dismissed as having

¶65

become infructuous.

¶66

SD/(M.G.S. KAMAL) JUDGE

¶67

ARK List No.: 1 Sl No.: 2

Parties & counsel

AI extract

petitioner
H.H. Shivakumar s/o Late Huchaiah¶¶9
Siddhartha S.P., Subramanya R.
petitioner
H.V. Sandya w/o H.H. Shivakumar¶¶10
Siddhartha S.P., Subramanya R.
petitioner
Smt. B.V. Anasuyamma w/o Late B. Venugopal Gupta¶¶12
Siddhartha S.P., Subramanya R.
petitioner
B.V. Amarnath Gupta s/o Late B. Venugopal Gupta¶¶14
Siddhartha S.P., Subramanya R.
petitioner
Smt. C.A. Sudha w/o Sri. C.B. Ashwin¶¶19
Siddhartha S.P., Subramanya R.
petitioner
M.S. Nanjundaswamy s/o Sri. V. Srikantaswamy¶¶20
Siddhartha S.P., Subramanya R.
petitioner
Arun G. Thopannawar s/o Sri. Gurusiddappa M. Thopannawar¶¶21
Siddhartha S.P., Subramanya R.
petitioner
Nitin S. Angadi s/o Shashidhar M. Angadi¶¶22
Siddhartha S.P., Subramanya R.
petitioner
M/s Nandi Associates (rep. by its Partner Sri. Ashwini A. Thopannawar)¶¶23
Siddhartha S.P., Subramanya R.
petitioner
C.S. Puttaraju s/o Sri. Sannathamme Gowda¶¶24
Siddhartha S.P., Subramanya R.
petitioner
C. Ashok s/o Late C.S. Chikkarame Gowda¶¶28
Siddhartha S.P., Subramanya R.
petitioner
N. Seetharam Shetty s/o Late Sanjiva Shetty¶¶29
Siddhartha S.P., Subramanya R.
petitioner
Smt. Sudha S. Shetty w/o Seetharam Shetty¶¶30
Siddhartha S.P., Subramanya R.
respondent
M/s. Indian Oil Corporation Ltd., Karnataka State Office, Indian Oil Bhavan, Bengaluru (Rep. by its Executive Director)¶¶34
Dhananjay Joshi
respondent
M/s. Indian Oil Corporation Ltd., No.29, P. Kalinga Rao Road (Mission Road), Bengaluru (Rep. by its Chief Divisional Sales Manager, Bengaluru Division)¶¶38
respondent
The Senior Divisional Retail Sales Manager, M/s. Indian Oil Corporation Ltd. (Marketing Division), Mysuru Divisional Office¶¶40
respondent
The Chief Divisional Retail Sales Manager, Mangaluru Divisional Office, M/s. Indian Oil Corporation Ltd.¶¶41
respondent
Senior Divisional Retail Sales Manager, Bellary Divisional Office, M/s. Indian Oil Corporation Ltd.¶¶42
respondent
Chief Divisional Retail Sales Manager, Belgaum Divisional Office, M/s. Indian Oil Corporation Ltd.¶¶43

Coram

AI extract

M.G.S. Kamalauthor¶¶51

H H Shivakumar v. M/S Indian Oil Corporation Ltd.

Case brief

What is this about?

What did the court decide?

H H Shivakumar v. M/S Indian Oil Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Kamalamma @ Kamala Vs Smt. Bhagyamma

H v Aswathanarayana Gupta Vs the Chairman Karnataka Advocates Welfare Fund Trustee Committee

Sri R Muni Reddy Vs Bangalore Water Supply and Sewerage Board

Sri Srinivasan J Vs Sri Srirama Reddy

V Pradeepa Vs District Co. Operative Central Bank Ltd.

Sri Dhananjaya H . C Vs State of Karnataka