- 1 - HC-KAR NC: 2025:KHC-D:11031 WP No. 105026 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105026 OF 2024 (GM-RES) BETWEEN: SUSHAS S/O. RAMCHANDRA DOMANE, AGE: 42 YEARS, OCC: BUSINESS, R/O: BEDIKIHAL VILLAGE, TALUKA NIPPANI, DISTRICT: BELAGAVI – 591 214. …PETITIONER (BY SRI. SRINIVAS B NAIK, ADVOCATE) AND: 1. INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION, BELAGAVI DIVISIONAL OFFICE KHANAPUR ROAD, TILAKWADI, BELAGAVI – 590 006, REP BY DIVISIONAL MANAGER. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DISTRICT BELAGAVI – 590 001. 3. THE STATE OF KARNATAKA, DEPARTMENT OF PUBLIC WORKS REPRESENTED BY PRINCIPAL SECRETARY, VIDHANA SOUDHA , BENGALURU -01. …RESPONDENTS (BY SRI. C.V. ANGADI., ADVOCATE FOR R1; SRI. SHARAD V. MAGADUM., AGA FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI, AND QUASH THE IMPUGNED COMMUNICATION/ENDORSEMENT DATED. 1/8/2024 BEARING NO. BGM DO/COMPLAINT/515, ISSUED BY 1ST RESPONDENT VIDE ANNEXURE-D, REJECTING THE COMPLAINT OF PETITIONER IN THE ENDS OF JSUTICE AND EQUITY AND ETC. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11031 WP No. 105026 of 2024 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Certiorari, and quash the impugned Communication/endorsement dated 1/8/2024 bearing No. BGM DO/Complaint/515 issued by 1st Respondent vide Annexure-D, rejecting the complaint of petitioner in the ends of justice and equity. b. Issue writ of Certiorari and quash the impugned Communication/endorsement dated 1.8.2024 bearing No. BGM DO/Complaint/512 issued by 1st Respondent vide Annexure-E, rejecting the complaint of petitioner in the ends of justice and equity. c. To issue a writ of certiorari and quash the impugned Advertisment/notification vide Annexure-A & B inviting application for construction of proposed Retail Outlet Dealership of Regular Retail Outlet at SL.512 within 4 KM from Alukar Resorts Bugate Alura to Maharashtra Karnataka Boarder on Nippani Goa Highway, and SL.No.515 with 5 KM from Marathi Primary School, Shippura to Bugatealura on Nippani Goa Road in the ends of justice and equity. 2. Respondent No.1-Indian Oil Corporation Limited (IOCL) had issued notification on 28.6.2023 inviting application for construction of proposed retail outlet at - 3 - HC-KAR NC: 2025:KHC-D:11031 WP No. 105026 of 2024 Sl.No.512 of the notification within four kilometres from Alurkar Resorts Bugate Alura to Maharashtra Karnataka border on Nippani Goa Highway and Sl.No.515 within five kilometres from Marathi Primary School, Shippura to Bugatealura on Nippani Goa Road. 3. The said notification indicated the locations to be regular retail outlet, even though the said location was situated on a major district road. It is for this reason that the Petitioner could not participate in the said application process and is before this Court seeking for the aforesaid reliefs. 4. The issue in question being as regards the status of the road, as on the date of the notification being required to be considered for establishment of a regular retail outlet or a rural retail outlet has been considered by this Court today in its order passed in WP No.105033/2024, which would be equally applicable to the present case. Hence, for the very - 4 - HC-KAR NC: 2025:KHC-D:11031 WP No. 105026 of 2024 same reasons, the Petition is dismissed by imposing cost of Rs.50,000/- on Respondent No.1-IOCL payable to the Karnataka State Legal Services Authority, which shall be so paid within 15 days of the reciept of a copu of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 92.1