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2026 DAILYLAW 28001 (KAR)

N V YATHEESHA @ N V YATHISH v. UNION OF INDIA

WP/14682/2022 · 2026-07-10

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35226 WP No. 14682 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14682 OF 2022 (GM-RES) BETWEEN: N V YATHEESHA @ N V YATHISH S/O VEERANNA AGED ABOUT 49 YEARS SUBBI-TALUK NARASIMHADEVARAHATTI CHANDRASHEKARAPURA TUMAKURU - 572 213 …PETITIONER (BY SMT. JYOTI S. KEMPAGOUDAR, ADVOCATE FOR SRI. G.S. PRASANNA KUMAR, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS SHASTRI BHAVAN NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY 2. INDIAN OIL CORPORATION LTD MYSORE DIVISIONAL OFFICE NO.36 A, 1ST FLOOR B N ROAD, MYSORE TRADE CENTRE OPPOSITE TO KSRTC BUS STAND MYSORE - 570 001 REPRESENTED BY DIVISION HEAD …RESPONDENTS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35226 WP No. 14682 of 2022 (BY SRI. JAGADISH GUNDAPPA, ADVOCATE FOR R1 SMT. AISHWARYA HEGDE, ADVOCATE FOR SRI. GURURAJ R., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH REJECTION ORDER DATED 24.05.2022 ANNEXURE-E ISSUED BY THE R2, DIRECT THE R2 TO AWARD RETAIL OUTLET TO THE PETITIONER AT PROPOSED SITE SITUATED SY.NO.11/B, AT BOMMANAHALLI NH 206 TIPTUR,TUMKURU TALUK 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 Petitioner, who was denied award of retail petroleum outlet dealership for not possessing/offering suitable land as per the Notification is before this Court seeking following reliefs: "(a) Issue a writ of certiorari quashing Rejection order Dt.24.05.2022 (Annexures-E) issued by the second Respondent. (b) Issue a writ of mandamus directing the second Respondent to award retail outlet to the Petitoenr at proposed site situated Sy.No.11/B, at Bommenahalli NH 206 Tiptur, Tumkuru Taluk. (c) Pass such other relief/s as this Hon'ble Court may deem fit & proper, in the interest of justice & equity." - 3 - HC-KAR NC: 2026:KHC:35226 WP No. 14682 of 2022 2. This Court upon the submissions made by the counsel for the parties, on 06.08.2025 had passed the following order: "Learned counsel for the respondent No.2 seeks time. After hearing the petitioner, this Court is of the opinion that the respondent No.2 should conduct an inspection of the premises offered by the petitioner to establish the petroleum outlet to verify whether the place offered complies with the requirements mentioned in the notification or not. This inspection shall be done on 25.08.2025 at 11.00 a.m. It is open for the petitioner to be present at the spot. Till the next date of hearing, the respondent No.2 is directed not to allot the petroleum outlet to any person." 3. Thereafter on 23.06.2026, this Court passed the further order: "This Court by order dated 06.08.2025, had directed the respondent No.2 to conduct an inspection of the premises offered by the petitioner to establish petroleum outlet. 2. Learned counsel for the petitioner submits that the respondent No.2 has not complied with. - 4 - HC-KAR NC: 2026:KHC:35226 WP No. 14682 of 2022 3. Learned counsel for the respondent No.2, on the other hand seeks short accommodation to obtain instructions, if the inspection was done. She also submits that if inspection is not done, they are willing to make one more inspection. 4. In view of the same, if the inspection is done, the details of the said inspection be furnished by the next date of hearing. If inspection is not done, respondent No.2 shall conduct the inspection and submit the report by next date of hearing without any further orders. 5. List this matter on 03.07.2026. 6. Interim order granted earlier, if any is extended till next date of hearing." 4. Today, learned counsel for the respondent No.2 has filed a memo along with the Inspection Report. The Report indicates that the land offered by the petitioner is located at an intersection road and at a distance of approximately 27 meters from the edge of the offered land. Additionally, median cut is also present at a distance of about 20 meters. Whereas, as per the National Highway Guidelines, no intersection road or median gap should be there within 300 meters. - 5 - HC-KAR NC: 2026:KHC:35226 WP No. 14682 of 2022 5. Therefore, it is submitted that the land offered by the petitioner is not suitable. Learned counsel for the petitioner does not dispute the contents of the Report with regard to the location of the land offered. In view of the above, nothing survives in the petition and accordingly, the same stands dismissed. Petitioner is always at liberty to avail allotment of the retail shop as and when the respondent-authorities come out with further future publications, subject to fulfilling the eligibility criteria. Sd/- (M.G.S. KAMAL) JUDGE BSV List No.: 1 Sl No.: 15