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High Court of Karnataka · body

2026 DAILYLAW 14300 (KAR)

H H SHIVAKUMAR v. M/S INDIAN OIL CORPORATION LTD

WP/5295/2021 · 2026-02-24

M G S Kamal

Civil Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11249 WP NO.5295 OF 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.5295 OF 2021 (GM-RES) BETWEEN: 1. H.H. SHIVAKUMAR S/O LATE HUCHAIAH, AGED ABOUT 52 YEARS, R/AT 'SHALINI NILAYA', KESHAVA ROAD, BEHIND GOVT POLYTECHNIC COLLEGE, INDIRANAGAR, HASSAN - 573 201. 2. H.V. SANDYA W/O H.H. SHIVAKUMAR AGED ABOUT 46 YEARS, R/AT 'SHALINI NILAYA', KESHAVA ROAD, BEHIND GOVT. POLYTECHNIC COLLEGE, INDIRANAGAR, HASSAN - 573 201. 3. SMT. B.V. ANASUYAMMA W/O LATE B. VENUGOPAL GUPTA, AGED ABOUT 77 YEARS, R/AT 'ANKITYA NILAYA', SOMAGUDDU ROAD, CHALLAKERE, CHITRADURGA DISTRICT - 577 522. 4. B.V. AMARNATH GUPTA S/O LATE B. VENUGOPAL GUPTA, AGED ABOUT 54 YEARS, R/AT 'ANKITYA NILAYA', SOMAGUDDU ROAD, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11249 WP NO.5295 OF 2021 CHALLAKERE, CHITRADURGA DISTRICT - 577 522. 5. SMT. C.A. SUDHA W/O SRI. C.B. ASHWIN, AGED ABOUT 48 YEARS, R/AT NO.1066, G & H BLOCK, KUVEMPU NAGAR, MYSURU - 570 009. 6. M.S. NANJUNDASWAMY S/O SRI. V. SRIKANTASWAMY, AGED ABOUT 41 YEARS, R/AT NO.1526, 8TH CROSS, THYAGARAJA ROAD, MYSURU - 570 003. 7. ARUN G. THOPANNAWAR S/O SRI. GURUSIDDAPPA M. THOPANNAWAR, AGED ABOUT 47 YEARS, R/AT CLUB ROAD, BASAVANAGAR, BELGAUM - 590 001. 8. NITIN S. ANGADI S/O SHASHIDHAR M. ANGADI, AGED ABOUT 36 YEARS, 7TH CROSS, BHAGYANAGAR, ANGOL, BELGAUM - 590 001. 9. M/S/ NANDI ASSOCIATES 7TH CROSS, BHAGYANAGAR, ANGOL, BELGAUM-590 001 REP. BY ITS PARTNER SRI. ASHWINI A. THOPANNAWAR. 10. C.S. PUTTARAJU S/O SRI. SANNATHAMME GOWDA AGED ABOUT 50 YEARS, - 3 - HC-KAR NC: 2026:KHC:11249 WP NO.5295 OF 2021 R/O CHINNAKURULI VILLAGE, CHINAKURULI HOBLI, PANDAVAPURA TALUK, MANDYA - 571 401. 11. C. ASHOK S/O LATE C.S. CHIKKARAME GOWDA AGED ABOUT 35 YEARS, R/AT CHINAKURULI VILLAGE, CHINKAURULI HOBLI, PANDAVAPURA TALUK, MANDYA - 571 401. 12. N. SEETHARAM SHETTY S/O LATE SANJIVA SHETTY, AGED ABOUT 60 YEARS, R/AT 'SRI DEVI PRASAD' DADS - ASAIGOLI, KANAJE VILLAE, MANGALURU TALUK DAKSHINA KANNADA DISTRICT - 575 001. 13. SMT. SUDHA S. SHETTY W/O SEETHARAM SHETTY, AGED ABOUT 52 YEARS, R/AT 'SRI DEVI PRASAD', DADS - ASAIGOLI, KANAJE VILLAGE, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 001. …PETITIONERS (BY SRI. SIDDHARTHA S.P., ADVOCATE FOR SRI. SUBRAMANYA R., ADVOCATE) AND: 1. M/S. INDIAN OIL CORPORATION LTD. KARNATAKA STATE OFFICE, INDIAN OIL BHABAN, 29, P. KALINGA RAO ROAD (MISSION ROAD), BENGALURU - 560 027. REP. BY ITS EXECUTIVE DIRECTOR. - 4 - HC-KAR NC: 2026:KHC:11249 WP NO.5295 OF 2021 2. M/S. INDIAN OIL CORORATION LTD. NO.29, P. KALINGA RAO ROAD (MISSION ROAD), BENGALURU. REP. BY ITS CHIEF DIVISIONAL SALES MANAGER, BENGALURU DIVISION - 560 027. 3. THE SENIOR DIVISIONAL RETAIL SALES MANAGER M/S. INDIAN OIL CORPORATION LTD. (MARKETING DIVISION), MYSURU DIVISIONAL OFFICE, 118, METAGALLI, BEHIND FCI GODOWN, MYSURU - 570 116. 4. THE CHIEF DIVISIONAL RETAIL SALES MANAGER MANGALURU DIVISIONAL OFFICE, M/S. INDIAN OIL CORPORATION LTD., INDIAN OIL BHAVAN, ABBAKKANAGAR, KOTTARA, KULOOR-FERRY ROAD, MANGALURU - 575 006. 5. SENIOR DIVISIONAL RETAIL SALES MANAGER BELLARY DIVISIONAL OFFICE, M/S. INDIAN OIL CORPORATION LTD., NO.6, 1ST FLOOR, INFANTRY ROAD, CANTONMENT, BELLARY, BELLARY DISTRICT - 583 104. 6. CHIEF DIVISIONAL RETAIL SALES MANAGER BELGAUM DIVISIONAL OFFICE, M/S. INDIAN OIL CORPORATION LTD., KHANAPUR ROAD, TIALAK WADI, BELGAUM, BELGAUM DISTRICT - 590 006. …RESPONDENTS (BY SRI. DHANANJAY JOSHI, ADVOCATE FOR R1; R2 T0 R6 SERVED) - 5 - HC-KAR NC: 2026:KHC:11249 WP NO.5295 OF 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ALLOW AND CONTINUE THE PETITIONERS TO OPERATE RETAIL OUTLETS RUN BY THE PETITIONERS IN THE SCHEDULE PROPERTIES; ALTERNATIVELY DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 04.06.2019 MADE BY THE PETITIONERS FOR EXECUTION OF MAINTENANCE AND HANDLING CONTRACT TO OPERATE THE RETAIL OUTLETS WHICH IS BEING RUN BY THEM AS ON DATE VIDE ANNEXURE- J; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Learned counsel appearing for petitioners has filed Memo dated 24.02.2026, which reads as under: "MEMO FOR THE PETITION HAVING BECOME INFRUCTUOUS The petitioners respectfully submits as under: 1. This Writ Petition is filed questioning the action of the Respondents in discontinuing the petitioners from maintaining & handling the Retail Outlets established in the schedule properties for sale of petroleum products of IBP Co. Ltd., which is now taken over by M/s. Indian Oil Corporation Ltd., during the pendency of consideration of the representation made by the petitioners for continuing them to maintain & handle the retail outlets and sought for the prayer to issue Writ of Mandamus directing the respondents to allow and - 6 - HC-KAR NC: 2026:KHC:11249 WP NO.5295 OF 2021 continue the petitioners to operate the retail outlets run by the petitioners in the scheduled property and other alternative reliefs. 2. Its is respectfully submitted that during the pendency of the above Writ Petition, the Respondents have reconsidered the matter and have now leased out and granted the Retail Outlets in favour of the Petitioners and thereby permitting us to continue to operate and maintain the said outlets. 3. Accordingly, the prayer of the above writ petition doesn't survive for consideration. Hence it is most respectfully prayed that this Hon'ble Court may be pleased to Dismiss the Writ Petition as having become infructuous." 2. Memo is taken on record and accepted. 3. Accordingly, writ petition is dismissed as having become infructuous. SD/- (M.G.S. KAMAL) JUDGE ARK List No.: 1 Sl No.: 2