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2022 Supreme(Kar) 1581

K. S. HEMALEKHA
Ramananda Gas Agency – Appellant
Versus
Deputy Commissioner – Respondent


Advocates appeared:
H.C. Shivaramu, Advocate, Jyothi Bhat, Advocate, K. Patel Munegowda, Advocate

JUDGMENT/ORDER

1. The petitioner in this writ petition is seeking a writ of certiorari to quash the notice dtd. 27/02/2017 - 17/08/2017 issued by 2nd respondent in No.Food/CR/41/2016-17 produced at Annexure - D, whereby 2nd respondent in the guise of notice has directed the petitioner to shift the gas godown from the present premises to any another suitable premises.

2. The facts leading to filing of this writ petition is that the petitioner is the owner of the land having purchased the converted property in the year 1986 in Sy.Nos.26/2 and 27/2 totally measuring 29.46 mtrs. East-West and 25.9 mtrs. South-West and built up area is 9.10 mtrs.x 6.10 mtrs., safety distance left 10.18 mtrs. x 9.95 mtrs. The petitioner, on purchase of the land on 21/04/1986 obtained licence from the Kalludi Gram Panchayat to construct a LPG Godown for the purpose of carrying on the business and accordingly, licence was granted. It is stated by the petitioner that before obtaining the licence from Kalludy Gram Panchayat, the prime requirement was of obtaining no objection certificate from the Department of Fire and no objection from the Controller, Department of Explosives along with the drawing which was

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