IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11829 OF 2023 (GM-RES)

BETWEEN:

SRI. SIDDAGANGA INDANE GRAMIN VITARAK NEAR GOVERNMENT HOSPITAL, KESTURU POST, KORA HOBLI, TUMKUR TALUK AND DISTRICT- 572 138 REP BY ITS PROPRIETOR, MR. SHAIK MAHABOOB PASHA, S/O MOHAMMED ZAVEED PASHA (PROPRIETORSHIP CONCERN)

…PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE)

AND:

M/S BHARATH PETROLEUM CORPORATION LTD AMM, BENGALURU, DUPARK TRINITY, 7TH FLOOR, 17, M.G.ROAD, BENGALURU- 560 001.

REP BY ITS REGIONAL MANAGER.

Digitally signed by …RESPONDENT ARUNKUMAR M S (BY SRI. KIRAN N J., ADVOCATE)

Location: HIGH COURT OF KARNATAKA THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PUBLIC NOTICE ISSUED BY THE RESPONDENT CALLING FOR APPLICATIONS FOR APPOINTING LPG DISTRIBUTORS FOR SUPPLY OF LPG GAS CYLINDERS AT THOVINAKERE VILLAGE, KORATAGERE SUB-DIVISION, TUMKUR DISTRICT, UNDER THE CATEGORY OF DURGAM KSHETRIYA VITRAK (DKV) PUBLISHED IN THE NEWSPAPER DT.

20.05.2023 IN PRAJAVANI KANNADA DAILY VIDE ANNX-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Petitioner is assailing the Public Notice (Annexure-A)

issued by the Respondent calling for applications for appointing LPG Distributors for supply of LPG Gas Cylinders at Thovinakere Village, Koratagere Sub-Division, Tumkur District under the category of Durgam Kshetriya Vitrak (DKV) published in the 'Prajavani' daily Newspaper dated 20.05.2023.

2. The relevant facts for the adjudication of this petition are that, the Indian Oil Corporation Ltd. has appointed the petitioner as Rajiv Gandhi LPG Vitrak at Kesturu Taluk, Tumkuru District during the year 2012, as per Annexure-B to the Writ Petition. It is also stated that, the petitioner was initially appointed for a period of 5 years and the same was renewed from time to time, and as such an Agreement dated 23.04.2012 (Annexure-C) was entered into between the Petitioner and the Indian Oil Corporation Ltd. It is also stated in the petition that, having considered the services rendered by the petitioner, the Indian Oil Corporation Ltd. has reclassified the LPG Distributorship of the Petitioner as 'Gramin Vitrak' by addressing a letter dated 08.09.2016 (Annexure-D). Pursuant to the appointment of the Petitioner as Gramin Vitrak in terms of the Agreement dated 23.04.2012, Addendum to the said Agreement was entered into between the Petitioner and the Indane (Liquefied Petroleum Gas) Distributorship (Domestic & Commercial) Agreement dated 23.09.2016 as per Annexure-E to the writ petition.

3. It is the case of the Petitioner that the Indian Oil Corporation Ltd. having issued the letter dated 08.09.2016 at Annexure-D, however, has issued the Advertisement as per Annexure-A, calling for application for Distributorship at Thovinakere Village, Koratagere Sub-Division under the same category i.e., Durgam Kshetriya Vitrak. It is the case of the Petitioner that the distance between the Kesthur and Thovinakere is approximately about 5 kilometres to 5.5 kilometres and therefore, the Petitioner has presented this writ petition challenging the Public Notice at Annexure-A.

4. I have heard Sri.Rajashekar.S, learned counsel appearing for the Petitioner and Sri.Kiran N.J, learned counsel appearing for the Respondent.

5. Sri Rajashekar.S, learned counsel appearing for the Petitioner, invited the attention of the Court to the Letter dated 08.09.2016 at Annexure-D, wherein the Indian Oil Corporation Ltd., has pointed out about the area of operation for 15 kilometres from the limits of LPG Distributorship location and also directed the Petitioner to develop the requisite manpower and delivery infrastructure and despite the same, the impugned Public Notice has been issued as per Annexure-A and accordingly, sought for interference of this C