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2025 DAILYLAW 7786 (KAR)

HYDERALI S/O NABISAB PENDARI ALIAS JAMADAR ALIAS SEIKH v. THE DEPUTY COMMISSIONER

WP/106879/2024 · 2025-01-16

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:631 WP No. 106879 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.106879 OF 2024 (GM-RES) BETWEEN: HYDERALI S/O. NABISAB PENDARI @ JAMADAR @ SEIKH, AGE: 64 YEARS, OCC: RETIRED EMPLOYEE, R/O: BANAHATTI, TQ: RABAKAVI-BANAHATTI - PIN: 587 311, DIST: BAGALKOT. …PETITIONER (BY SRI VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, AT: NAVANAGAR, DIST: BAGALKOT – 587 103, DIST: BAGALKOT. 2. THE ADDITIONAL DISTRICT MAGISTRATE, BAGALKOT, AT: DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT – 587 103. 3. THE ASSISTANT COMMISSIONER, JAMKHANDI, AT: JAMKHANDI, DIST: BAGALKOT, PIN: 587 301. 4. THE TAHASILDAR, RABAKAVI-BANAHATTI, DIST: BAGALKOT, PIN: 587 314. …RESPONDENTS (BY SRI V.S.KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY PETITIONER DATED 30/9/2024 PRODUCED VIDE ANNEXURE-C. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:27:14 +0530 - 2 - NC: 2025:KHC-D:631 WP No. 106879 of 2024 CONSIDER THE REPRESENTATION ANNEXURE - C DATED 30/9/2024 AND TO TRANSFER THE LICENSE NO.70/1988-89 IN THE NAME OF PETITIONER AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a) Issue writ in the nature of mandamus directing the respondents to consider the representation made by petitioner dated 30/9/2024 produced vide Annexure-C. b) To issue writ in the nature of mandamus directing respondent no.2 to consider the representation Annexure - C dated 30/9/2024 and to transfer the license no.70/1988-89 in the name of petitioner. c) To pass any other order, direction as deemed fit in the circumstances of the case. 2. It is the case of the petitioner that his father was issued licence to vend fireworks not exceeding 50 kgs of class 7 division. The father of the petitioner dies during the subsistence of the licence and the petitioner then makes a representation seeking transfer of licence. Long thereafter, the non-consideration of the said - 3 - NC: 2025:KHC-D:631 WP No. 106879 of 2024 representation has driven the petitioner to this Court in the subject petition. 3. Learned AGA Sri.V.S.Kalasurmath submits that if reasonable time is granted, the representation of the petitioner would be considered in accordance with law and appropriate order would be passed. 4. In the light of the said submission, without going into the merit of the claim of the petitioner, or defence of the State, I deem it appropriate to dispose the petition, directing the State to consider the representation of the petitioner and pass necessary orders in accordance with law within three months from the date of receipt of copy of the order and the order passed therein should be communicated to the petitioner. 5. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 12