- 1 - HC-KAR NC: 2025:KHC:43381 WP NO.6554 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.6554 OF 2020 (GM-RES) BETWEEN: MR. H. AJIT KUMAR SHETTY S/O CHANDRASHEKARA SHETTY, AGED ABOUT 50 YEARS, R/AT "SIR GANESH", ADARSHANAGAR 4TH CROSS, VRAMBALLI VILLAGE, BRAHMAVARA, UDUPI DISTRICT - 576 213. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER RAJATADRI END POINT, MANIPAL, UDUPI - 576 101. 2. THE EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS, PORT AND INLAND WATER TRANSPORT DEPARTMENT (P.W.D) UDUPI DIVISION, UDUPI - 576 101. 3. THE ASSISTANT COMMISSIONER UDUPI SUB-DIVISION, UDUPI DISTRICT- 576 101. 4. GANESH BALEGAR S/O KRISHNA BALEGAR AGE: MAJOR R/AT KACHUR VILLAGE, BRAHAMAVAR TALUK, UDUPI DISTRICT - 576 213. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43381 WP NO.6554 OF 2020 5. M/S NAYARA ENERGY LTD., MANGALURU, C-24, 3RD FLOOR, MAXIMUS COMMERCIAL COMPLEX, LIGHT HOUSE HILL ROAD, MANGALURU - 575 001. REP. BY ITS DIVISIONAL MANAGER. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3; SRI. R. GOPALA KRISHNA, ADVOCATE FOR R5; V/O 28.01.2025, NOTICE TO R4 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09TH MARCH, 2020 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the order dated 09th March, 2020 (Annexure-A) passed by the respondent No.1 in Case No.ARM:EL:64/2019-20/49211. 2. Heard Sri. Rajashekar S., learned counsel appearing for the petitioner; Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents 1 to 3 and Sri. R. Gopala Krishna, learned counsel appearing for the respondent No.5. - 3 - HC-KAR NC: 2025:KHC:43381 WP NO.6554 OF 2020 3. Sri. Rajashekar S., learned counsel appearing for the petitioner submitted that the respondent No.5 had filed an application dated 13th September, 2019 (Annexure-B) before the respondent No.1, seeking 'No Objection Certificate' under Petroleum Rules for establishment of Petrol and High Speed Diesel retail outlet in the Property bearing Survey No.25/27 of Kachur Village, Barkoor Area, Brahmavara Taluk, Udupi District. He further submits that the petitioner had filed objections with regard to the same on the ground that the 'No Objection Certificate' cannot be granted since, the same would violate the Circular dated 24th July, 2013 (Annexure-V) issued by the Government of India, Ministry of Road Transport and Highways. By referring to Annexures 'D' and 'E', learned counsel appearing for the petitioner argued that the respondents have tampered the documents issued by the respondent No.2-Executive Engineer and based on the tampered documents, 'No Objection Certificate' has been issued to the respondent No.5. 4. Learned counsel appearing for the petitioner further submits that the petitioner has challenged the aforesaid issuance of the 'No Objection Certificate' in favour of the respondent No.5 before the respondent No.1-Deputy - 4 - HC-KAR NC: 2025:KHC:43381 WP NO.6554 OF 2020 Commissioner, however, the same has been rejected by the respondent No.1 in the impugned order dated 09th March, 2020 (Annexure-A). Accordingly, he sought for interference of this Court. 5. Sri. Mahantesh Shettar, learned counsel appearing for respondents 1 to 3 sought to justify the impugned order passed by the respondent No.1. 6. In the light of submission made by learned counsel appearing for the parties, I have carefully examined the averments made in the letter dated 26th September, 2019 (Annexures 'D' and 'E') addressed by the respondent No.2 to the respondent No.1. Perusal of the same would indicate that, both the documents are issued on the very same date i.e., on 26th September, 2019 by the respondent No.2 and there is a tampering of record in respect of the distance in Annexure-E. However, the respondent No.1-Deputy Commissioner, without having the knowledge of 1st Standard student Arithmetic, had passed the impugned order without application of mind. Therefore, I am of the view that the then Deputy Commissioner has not applied his mind in a manner known to law and it - 5 - HC-KAR NC: 2025:KHC:43381 WP NO.6554 OF 2020 appears that the then Deputy Commissioner, who passed impugned order dated 09th March, 2020 had not looked into the records. In that view of the matter, I find force in the submission made by learned counsel appearing for the petitioner. Accordingly, I pass the following: O R D E R a) Writ Petition allowed; b) Order dated 09th March, 2020 (Annexure-A) passed by the respondent No.1 is hereby set- aside and the matter is remitted back to the respondent No.1 to reconsider the issue afresh and pass appropriate orders, after affording an opportunity of hearing to the parties; c) It is made clear that the respondent No.1- Deputy Commissioner shall look into the records and pass appropriate orders in accordance with law and not like his predecessor in office, who passed the impugned order, without looking into the documents. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 26