Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34668-DB RP No. 314 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN REVIEW PETITION NO.314 OF 2025 IN WRIT APPEAL NO.1800 OF 2024 (GM-RES) BETWEEN:
1.
SRI CHINNIKRISHNA K R S/O K RAMACHANDRAIAH AGED 62 YEARS KONGANAPALLI VILLAGE AND POST RAMAKUPPAM MANDAL CHITTOR DISTRICT ANDHRA PRADESH-517 401. …PETITIONER (BY SMT. NALINA MAYEGOWDA, SENIOR ADVOCATE ALONG WITH SRI MANJUNATHA H., ADVOCATE)
AND:
1.
K SUDHAMANI W/O Y SRINIVAS AGED ABOUT 44 YEARS R/O. NO.840, MASJID ROAD 4TH BLOCK, BETHAMANGALA KGF, KOLAR - 563 116.
2.
THE DIVISIONAL RETAIL SALES HEAD INDIAN OIL CORPORATION LIMITED MARKETING DIVISION
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34668-DB RP No. 314 of 2025
BANGALORE DIVISIONAL OFFICE INDIAN OIL BHAVAN, NO.29 P KALINGA RAO ROAD (MISSION ROAD) BANGALORE - 560 027.
3.
UNION OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS SHASTRI BHAVAN DR. RAJENDRA PRASAD ROAD NEW DELHI - 110 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
…RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE I OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO REVIEW THE JUDGMENT DATED 28.01.2025 PASSED IN WA NO.1800 OF 2024 (ANNEXURE-A), IN THE INTERESTS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2025:KHC:34668-DB RP No. 314 of 2025
ORAL ORDER (PER: HON'BLE MR JUSTICE M.I.ARUN)
1. The petitioner has prayed for review of the judgment dated 28.01.2025 passed in Writ Appeal No.1800 of 2024.
2. Respondent No.1 was allotted a retail outlet dealership of a petrol bunk by respondent No.2. Respondent No.1 thereafter, sought to establish a petrol bunk at a different address than what she had stated at the time of making the application. The same was permitted by respondent No.2. However, upon a complaint made by a third person, respondent No.2 cancelled the allotment made in favour of respondent No.1 on the ground of misrepresentation/suppression of facts. Respondent No.1 challenged the same in Writ Petition No.21754 of 2024 and the order of respondent No.2 cancelling the allotment was quashed as the Court came to the conclusion that there was no misrepresentation or suppression of facts as alleged. The said order was challenged by respondent No.2 in Writ Appeal No.1800 of
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HC-KAR NC: 2025:KHC:34668-DB RP No. 314 of 2025
2024, which came to be dismissed. The judgment passed in the writ appeal has been affirmed by the Apex Court in Special Leave to Appeal (C) No.10388/2025.
3. The review petitioner has filed the present review petition on the ground that the petitioner was a rival claimant for allotment of the petrol bunk and upon his complaint, the proceedings were initiated against respondent No.1 by respondent No.2. He contends that he should have been made a party to the proceedings and that there has been misrepresentation and suppression of
facts by respondent No.1, which has not been properly apprised by respondent No.2.
4. This Court's conclusion that there has been no misrepresentation or suppression of facts by respondent No.1, which led to allotment of a petrol bunk in her favour is based on documents and material placed on record. This Court's decision has been affirmed by the Apex Court. Respondent No.1 has been selected by respondent No.2 from the list of eligible applicants by draw of lots. The
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HC-KAR NC: 2025:KHC:34668-DB RP No. 314 of 2025
petitioner has failed to succeed in the same. The lis was essentially between respondent No.1 and respondent No.2. Under the circumstances, we do not see any error apparent on the face of the record in the judgment passed in Writ Appeal No.1800 of 2024 or sufficient ground to review the same.
5. For the aforementioned reasons, the review petition is hereby dismissed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (M.I.ARUN) JUDGE
hkh. List No.: 1 Sl No.: 3