KARNATAKA HIGH COURT - BENCH AT DHARWAD
SMT. SHARAVATHI NAIK – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
This intra-court appeal is filed by the State under
Section 4 of the Karnataka High Court Act, 1961 against the
order dated 20.12.2021 in WP No.103217/2021, whereby
writ
petition
is
allowed,
quashing
the
impugned
Communication dated 17.6.2021 (Annexure-J); respondent
No.2 is directed to issue No Objection Certificate for setting
up of filling station in the land bearing Sy.No.115A situated
within Nippani Town, Belagavi District.
2.
Appellant
No.1/State
was
respondent
No.1,
appellant No.2-Deputy Commissioner was respondent No.2
and respondent No.1 herein was petitioner and respondent
No.2-HPCL was respondent No.3 before the writ Court. The
parties would be referred to as they stand before the Writ
Court.
3.
Brief facts of the case are that, on an application
filed by the petitioner, she was allotted with dealership of
Petrol
bunk
by
respondent
No.2/Hindustan
Petroleum
Corporation Limited (HPCL). Letter of intent of respondent
- 4 -
No.2 required the petitioner to get the land converted from
agriculture to non-agriculture and to obtain NOC from the
Deputy Commissioner. The petitioner got converted the land
from agriculture to non-agriculture residential-petrol bunk
under OM dated
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