- 1 - NC: 2025:KHC:1966 WP No. 52649 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 52649 OF 2019 (GM-RES) BETWEEN: 1. UNION OF INDIA MINISTRY OF DEFENCE, (ARMY) AND DEFENCE ESTATE, SOUTH BLOCK, NEW DELHI-110 001. REPRESENTED BY ITS DEFENCE SECRETARY. 2. THE COMMANDANT PARACHUTE REGIMENT TRAINGING CENTER, J.C.NAGAR, BENGALURU-560 006. …PETITIONERS (BY SMT. MEGHA SHASHIKANTH., ADVOCATE FOR SRI. UNNIKRISHNAN.M., ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE, NO. 1, INFANTRY ROAD, BENGALURU-560 001. 2. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, COMMANDANT GENERAL, HOME GUARD AND DIRECTOR OF CIVIL DEFENCE AND FIRE SERVICE, NO.1, ANNASWAMY MUDALIAR ROAD, BANGALORE-560 042. 3. M/S. LAKSHMAMMA AND SON INDIAN OIL CORPORATION FUEL OUTLET, SURVEY NO. 82/1, NAGAWARA, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1966 WP No. 52649 of 2019 NEAR AMBEDKAR COLLEGE, BENGALURU, (AS SHOWN IN THE LICENSE), SURVEY NO. 1, SAWAR LANE, SURVEY NO. 42, MATADAHALLI, BENGALURU-560 006. REPRESENTED BY ITS PROPRIETOR, MR. N.GOVINDARAJU. 4. MR. N.GOVINDARAJU AGED ABOUT 65 YEARS, S/O. NARAYANAPPA, R/AT NO. 101, FIRST FLOOR, DIVYASHREE RESIDENCY, H.D.DEVE GOWDA ROAD, R.T.NAGAR POST, BENGALURU-560 032. 5. MR. G.SHASHANK S/O. MR. N.GOVINDARAJU, AGED ABOUT 26 YEARS, R/AT NO. 101, FIRST FLOOR, DIVYASHREE RESIDENCY, H.D.DEVE GOWDA ROAD, R.T.NAGAR POST, BENGALURU-560 032. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 & 2; SRI. DHANANJAY JOSHI., SR. ADVOCATE FOR SRI. VACHAN.H.U., ADVOCATE FOR R3 TO 5; SRI. SANTHOSH.S.NAGARALE., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - NC: 2025:KHC:1966 WP No. 52649 of 2019 ORAL ORDER Smt.Megha Shashikanth., counsel on behalf of Sri.Unnikrishnan.M., for the petitioners, Sri.Mahantesh Shettar., AGA for respondents 1 & 2 and Sri.Vachan.H.U., counsel on behalf of Sri.Dhananjay Joshi., for respondents 3 to 5 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: 1. Issue a Writ of Mandamus to the first respondent to cancel the No Objection Certificate to the third respondent for storage/ installation of 20 KL HSD and 20 KLMS at Site No.1, Survey No.1, Matadahalli, R.T. Nagar Post, Bangalore of Petrol and other products over the Schedule Property i.e., Annexure-E. 2. To restrain the first respondent from granting a No Objection Certificate under Rule 144 to the third to fifth respondents for storage/ installation of 20 KL HSD and 20 KLMS, at the Schedule Property. In view of the fact that the Licensee has ceased to have any right to use the Schedule Property for storing petrol and other products. 3. Heard the arguments and perused the Writ papers with care. - 4 - NC: 2025:KHC:1966 WP No. 52649 of 2019 4. It is not in dispute that the Commissioner of Police - the first respondent has granted No Objection Certificate for running the petrol pump and had granted Explosive License in the year 2019. 5. Counsel Sri.H.U.Vachan., on instructions submits that the Certificate and the License has been renewed in the year 2022 i.e., on 21.10.2022. He argued by saying that the Work of Defence Act (WODA), 1903 is not applicable with reference to defence land/ installation at Sawar Lines, Bangalore. Hence, an appropriate order may be passed. The oral submission made by counsel for respondents 3 to 5 is placed on record. 6. Because of the renewal of the Certificate and the License and non-application of the Act to defence land/ installation at Sawar Lines, Bangalore, the relief sought by the petitioner cannot be accorded. The Writ Petition devoid of merits and is liable to be dismissed. 7. Resultantly, the Writ Petition is dismissed. - 5 - NC: 2025:KHC:1966 WP No. 52649 of 2019 Because of dismissal of the Writ Petition, the interlocutory applications are disposed of and the interim order if any stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 23