VISHWAROOPA G.K. Vs. EXECUTIVE DIRECTOR

JUDGEMENT

(1.) Petitioner, a member of depressed class is knocking at the doors of Writ Court for assailing the order dtd. 30/3/2022 a copy whereof avails at Annexure-X whereby the Letter of Intent issued to him in respect of a Petrol Bunk has been rescinded. Learned Sr. Advocate appearing for the Petitioner argues that earlier his client was before this Court in W.P.597/2021 and the same having been allowed on 7/2/2022 vide Annexure-W, the matter was remanded for consideration afresh; there is absolutely no application of mind to the material facts; the subject land having already been converted to non-agricultural user, Petitioner fits into Group - I and therefore, the impugned order could not have been passed mindlessly.

(2.) After service of notice, the Respondents having entered appearance through their Panel Counsel resist the Writ Petition by filing the Statement of Objections on 14/9/2022. Learned Panel Advocate contends that as on the date the application was made, Petitioner was holding a registered lease of the agricultural land; such lease being contrary to Sec. 5 of the Karnataka Land Reforms Act, 1961, its cognizance cannot be taken and this view gains support from the Division Bench decision of this Court in W.A. No.216/2020 between VINOD M N vs. M/S. INDIAN OIL CORPORATION, disposed off on 20/7/2021. That being the position, he contends, no relief can be granted to the Petitioner by faltering the impugned order.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: