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2022 Supreme(Online)(Kar) 47708

KARNATAKA HIGH COURT - BENCH AT DHARWAD
THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT – Appellant
Versus
SHARAVATI NAIK – 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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