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2025 DAILYLAW 61992 (KAR)

NARAYAN GREEN PRIVATE LIMITED v. UNION OF INDIA

WP/100375/2024 · 2025-12-05

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17357 WP No. 100375 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100375 OF 2024 (GM-RES) BETWEEN: NARAYAN GREEN PRIVATE LIMITED, REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT SURVEY NO. 98/6, ADINATH COMMERCIAL COMPLEX, BESIDE SBI BANK, NEAR KHANDOBA DHABA, MUMBAI, MUMBAI CITY, MAHARASHTRA STATE – 410 221, REP. BY ITS DIRECTOR, SHRI SAMEER MANE S/O. RAJARAM MANE, AGE. 44 YEARS, OCC. DIRECTOR, R/O. PRAJAKTA CHS, PLOT NO.38, ROOM NO.1, SECT 12, KHARGHAR, NAVI MUMBAI, MAHARASHTRA – 410 210. …PETITIONER (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS, A WING, SHASTRI RAJENDRA PRASAD ROAD, 110001, AZAD BHAWAN RD, IP ESTATE, NEW DELHI – 110 002. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, ROOM NO. 29, VIKASA SOUDHA, BENGALURU – 560 001. 3. THE COMMISSIONER, DEPARTMENT OF FOOD AND CIVIL SUPPLIES ,CUNNINGHAM ROAD, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.11 12:09:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17357 WP No. 100375 of 2024 KAVERAPPA LAYOUT, VASANTH NAGAR, BENGALURU – 560 051. 4. THE JOINT COMMISSIONER, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, KAERAPPA LAYOUT, VASANTH NAGAR, BENGALURU 560 051. 5. THE DEPUTY/JT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES DISTRICT ADMINSITRATIVE BUILDING, NAVANAGAR, BAGALKOT – 587 103. 6. THE DEPUTY COMMISSIONER, BAGALKOT, DIST. BAGALKOT 587 103. 7. THE SUPERINTENDENT OF POLICE, BAGALKOT, DIST. BAGALKOT – 587 103. 8. SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT PANCHAYAT RAJ DEPARTMENT, KARNATAKA STATE BIO DIESEL BOARD – 560 001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R2 TO R9; SRI. M.T. BANGI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 19.07.2022 ISSUED BY THE RESPONDENT NO. 4 IN FILE NO. FCS/CA/PTL/33/2009-10 VIDE ANNEXURE-K. II) A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO 4, TO CONSIDER THE REPRESENTATIONS DATED 29.07.2022, 01.10.2022, 19.08.2023 VIDE ANNEXURE-L, M AND N. III) A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO 4 PERMIT THE PETITIONER TO MANUFACTURE AND SALE OF BIO-DIESEL B-100 IN THE RETAIL OUT LET AS PER THE NOTIFICATION DATED 30-4-2019 VIDE ANNEXURE-D ISSUED BY THE RESPONDENT NO.1 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17357 WP No. 100375 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: I. Issue a writ or order or direction in the nature of certiorari to quash the impugned endorsement dated 19.07.2022 issued by the respondent no. 4 in file no. FCS/CA/PTL/33/2009-10 vide Annexure-K. II. A writ or order or direction in the nature of Mandamus directing the respondent no. 2 to 4, to consider the representations dated 29.07.2022, 01.10.2022, 19.08.2023 vide Annexure-L, M and N. III. A writ or order or direction in the nature of Mandamus directing the Respondent no. 2 to 4 permit the petitioner to manufacture and sale of bio- diesel B-100 in the retail out let as per the notification dated 30-4-2019 vide Annexure-d issued by the respondent no.1. IV.Issue any other writ or order or direction which this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 2. Heard the learned counsel Sri.Mahesh Woedyar, appearing for petitioner, learned counsel Sri.Mrutyunjaya Tata Bangi, appearing for respondents No.1 and learned counsel Sri.T.Hanumareddy, appearing for respondent Nos.2 to 9. - 4 - HC-KAR NC: 2025:KHC-D:17357 WP No. 100375 of 2024 3. The petitioner is a Company incorporated under the provisions of the Companies Act. The issue in the lis is with regard to the petitioner being permitted to sell bio-diesel (B-100) in a retail outlet. 4. The learned counsel for the petitioner submits that permission to sell the said bio-diesel is not being granted despite the representations being submitted. The learned counsel would further, by taking this Court through the documents appended to the petition, prima facie demonstrates that there is no impediment for grant of permission to sell bio-diesel (B-100) at a retail outlet. 5. The learned AGA submits that, if reasonable time would be granted, the representation of the petitioner would merit consideration and appropriate orders would be passed for the reason the representation is submitted. 6. In the light of the said submission and the subsequent developments, the impugned orders, as a matter of form would stand quashed. The petition stands disposed of with direction to respondent Nos.2 to 4 to consider the representation - 5 - HC-KAR NC: 2025:KHC-D:17357 WP No. 100375 of 2024 of the petitioner in terms of the notification dated 15.06.2022 and pass orders in accordance with law within an outer limit of eight weeks from the date of receipt of a copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 60