- 1 - NC: 2025:KHC-D:2404 WP No. 109435 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 109435 OF 2017 (GM-RES) BETWEEN: MRUTYUNJAYA S/O. SHIVAMURTHAYYA HIREMATH, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. TARALGATTA, TALUK: KUNDGOL, DISTRICT: DHARWAD. ...PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. INDIAN OIL CORPORATION MARKETING DIVISION, KARNATAKA STATE OFFICE, "INDIAN OIL BHAVAN", NO.29, R. KALINGARAO ROAD, (MISSION ROAD), BENGALURU, BY ITS CHIEF MANAGER. 2. INDIAN OIL CORPORATION MARKETING DIVISION, BELGAUM DIVISION OFFICE, KHANAPUR ROAD, TILAKWADI, BELAGAVI, BY ITS CHIEF DIVISIONAL MANAGER. 3. INDIAN OIL CORPORATION MARKETING DIVISION, BELGAUM DIVISION OFFICE, KHANAPUR ROAD, TILAKWADI, BELAGAVI, BY ITS SENIOR DIVISIONAL SALES MANAGER. 4. MR. SUNIL S/O. SANGANBASAPPA KAJJI, AGE NOT KNOWN, OCC: NOT ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2404 WP No. 109435 of 2017 R/O. TARALGATTA, TALUK: KUNDAGOL, DISTRICT: DHARWAD. (ADDRESS FURNISHED AS STATED PROPERTY EXTRACT) …RESPONDENTS (BY SRI. C.V. ANGADI, ADVOCATE FOR R1 –R3; SRI. SURESH S. GUNDI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO CONSIDER THE COMPLAINT/OBJECTIONS DATED:01.08.2016 WHICH IS PRODUCED AT ANNEXURE-F AND PASS ORDERS IN THE EARLIEST AND ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 29.01.2025 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a) Issue a writ of mandamus directing the 3rd respondent to consider the complaint/objections dated:01.08.2016 which is produced at Annexure- F and pass orders in the earliest. b) Pass such other writ, order or direction as deemed fit in the interest of justice and equity. 2. The above Petition also relates to the dispute between the parties in WP No.116434 of 2019. The Petitioner herein is Respondent No.4 therein. Respondent No.4 herein is the son of the Petitioner therein. - 3 - NC: 2025:KHC-D:2404 WP No. 109435 of 2017 3. The grievance of the Petitioner is that the objections submitted by the Petitioner to the application submitted by Respondent No.4 for grant of a retail outlet to Respondent No.3, has not been considered by Respondent No.3 and it is likely that the retail outlet will be allotted to Respondent No.4. The contentions which have been taken up in the present petition, is the same as a complaint filed by the father of the Petitioner, who is Respondent No.4 in WP No.116434/2019. 4. The present petition is as regards the retail outlet. The petition in WP No.116434/2019, is as regards the property per se. The allegations made by the petitioner in this matter and by Respondent No.4 in WP No.116434/2019 are one and the same. 5. On this day , the matter in W.P. No. 116434/2019 is disposed, by remitting the matter to Respondent No.2 therein to consider the matter afresh by referring to all the relevant documents. Until the orders are - 4 - NC: 2025:KHC-D:2404 WP No. 109435 of 2017 passed thereon, the question of the Petitioner in the present matter agitating any dispute as regards the application submitted by Respondent No.4 would not arise. Hence, I pass the following; ORDER i) The writ petition is disposed of. ii) Liberty is reserved to the petitioner to approach Respondent No.3, on the basis of the outcome of the proceedings before the Executive Officer, Taluk Panchayat, Kundgol, as directed vide order dated 06.02.2025 passed in WP No.116434/2019. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 0