- 1 - HC-KAR NC: 2025:KHC-D:15705 WP No. 146374 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 146374 OF 2020 (GM-RES) BETWEEN: SHRI. KALLESHWAR RUDRAPPA HALLIKERI, AGE: 56 YEARS, OCC: BUSINESS, R/O: VINAYAK NAGAR, DHARWAD-580001. …PETITIONER (BY SRI. KALLESHWAR R. HALLIKERI, PARTY IN PERSON) AND: 1. POLICE COMMISSIONER, NAVANAGAR, HUBBALLI, DHARWAD-580001 KARNATAKA. 2. DEPUTY COMMISSIONER, DC OFFICE HUBBALLI DHARWAD-580001 KARNATAKA. 3. COMMISSONER HDMC, HUBBALLI DHARWAD MUNICIPAL CORPORATION, DHARWAD-580001 KARNATAKA. 4. ADTP ASSISTANT DIRECTOR TOWN PLANNING HUBBALLI DHARWAD MUNICIPAL CORPORATION DHARWAD-580001 KARNATAKA. 5. ADLS ASSISTANT DIRECTOR LAND SURVEY RECORDS, CITY SURVEY OFFICE DHARWAD-580001 KARNATAKA. 6. SUB REGISTRAR, MINI VIDHANA SOUDHA BLDG, DHARWAD-580001 KARANTAKA 7. MANAGING DIRECTOR/EXECUTIVE ENGINEER HDBRTS/KRDCL HUBBALLI-580021 KARANTAKA 8. EXECUTIVE ENGINEER ROAD DIVISION PUBLIC WORKS DEPARTMENTDHARWAD—580001 KARNATAKA. 9. CHIEF FIRE OFFICER KARNATAKA STATE FIRE AND EMERGENCY SERVICES HUBBALLI-580025 KARNATAKA Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15705 WP No. 146374 of 2020 10. ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD LAKKAMANAHALLI, DHARWAD-580020 KARNATAKA. 11. ASSISTANT EXECUTIVE ENGINEER HESCOM VIDYAGIRI, DHARWAD -580004 KARNATAKA. 12. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PESO PETROLEUM AND EXPLOSIVE SAFETY ORGANIZATION, SHASTRI BHAVAN, 26 HADDOUS ROAD, NUNGABAKKAM, CHENNAI 600006 TAMILNADU. 13. SHELL INDIA MARKETS PRIVATE LIMITED PLOT NO.7, BANGALORE HARDWARE PARK KIADB INDUSTRIAL PARK NORTH, MAHADEVA KODIGEHALLI BANGALORE 562149. 14. COMMISSIONER, HDUDA, HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR HUBBALLI- 580025, KARANATAKA …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR MANDAMUS DIRECTING RESPONDENT NO.1 POLICE COMMISSIONER QUASHING THE NO OBJECTION CERTIFICATE ISSUED TO RESPONDENT NO.13 SHELL INDIA MARKETS PVT LTD FOR OPERATION OF SHELL PETROL STATION AT CTS 323/38 AT HOSAYALLAPUR DHARWAD ON THE GROUND THAT IT IS IN VIOLATION OF RULES. ISSUE AN ORDER TO RESPONDENT NO.1 DC OFFICE, RESPONDENT NO.4 HDMC AND RESPONDENT NO.14 HDUDA TO DECLARE THE USAGE OF PETITIONER LANDLOCKED PROPERTY CTS 323/2 LOCATED AT HOSAYALLAPUR DHARWAD AS DAYTIME "COMMERCIAL USAGE" FROM EXISTING RESIDENTIAL DAY & NIGHT 24X7 USAGE INCASE IF SHELL PETROL STATION ALLOWED TO OPERATE AFTER DOWNSIZING IT WITH ADEQUATE FIRE SAFETY AND SET BACK AS THE PETITIONER PROPERTY 323/2 IS NO MORE PERMITTED AS RESIDENTIAL USAGE NEXT TO AN INDUSTRIAL HAZARDOUS SHELL PETROL STATION A TICKING TIME BOMB. ISSUE AN ORDER TO RESPONDENT NO.13 SHELL INDIA MARKETS PVT LTD BENGALURU TO COMPENSATE THE PETITIONER A MONTHLY ECONOMIC LOSS OF RUPEES TWENTY LAKHS TILL THE DISPOSAL OF CASE DUE TO ABANDONING AND LEAVING THE LAND VACANT DUE TO FEAR OF HEALTH AND FIRE. ISSUE AN ORDER TO RESPONDENT NO.11, HESCOM DHARWAD, NOT TO INSTALL TRANSFORMER, FEEDER PILLAR AND DB ALONG AND AT EITHER SIDE OF THE ACCESS ROAD - 3 - HC-KAR NC: 2025:KHC-D:15705 WP No. 146374 of 2020 ON THE PETITIONER INTERSECTION ROAD TO LANDLOCKED PROPERTY CTS 323/2 OBSTRUCTING VEHICLE ENTRY/EXIT. ANY OTHER RELIEF, ORDER OR DIRECTION THIS HON'BLE COURT DEEM FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned AGA is directed to accept notice for respondent. 2. The petitioner appears in-person. The prayer in the petition is as follows: (i) Issue a Writ in the nature of Certiorari or mandamus directing Respondent No.1 Police Commissioner quashing the No Objection Certificate issued to Respondent No.13 Shell India Markets Pvt Ltd for operation of Shell Petrol station at CTS 323/38 at Hosayallapur Dharwad on the ground that it is in violation of rules. (ii) Issue an order to Respondent No.1 DC office, Respondent No.4 HDMC and Respondent No.14 HDUDA to declare the usage of Petitioner landlocked property CTS 323/2 located at Hosayallapur Dharwad as daytime "Commercial Usage" from existing Residential day & night 24x7 usage incase if Shell Petrol Station allowed to operate after downsizing it with adequate fire safety and set back as the Petitioner property 323/2 is no more permitted as Residential Usage next to an industrial hazardous Shell Petrol Station a ticking time bomb. (iii) Issue an order to Respondent No.13 Shell India Markets Pvt Ltd Bengaluru to compensate the - 4 - HC-KAR NC: 2025:KHC-D:15705 WP No. 146374 of 2020 Petitioner a monthly economic loss of rupees twenty lakhs till the disposal of case due to abandoning and leaving the land vacant due to fear of health and fire. (iv) Issue an order to Respondent No.11, HESCOM Dharwad, not to install transformer, Feeder pillar and DB along and at either side of the access road on the petitioner intersection road to landlocked property CTS 323/2 obstructing vehicle entry/exit. (v) Any other relief, order or direction this Hon'ble Court deem fit and proper under the facts and circumstances. 3. The petitioner who appears in-person submits that there are seriously disputed questions of fact in the case at hand and would seek to avail the remedy as is available in law to redress his grievance. He would also reserve liberty to approach this Court, yet again, on the same cause of action, in the event, the grievance of the petitioner is not redressed. 4. Reserving the said liberty to the petitioner in-person, on his submission, the petition stands disposed on the aforesaid terms. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 296