M/S Silica Infotech Pvt. Ltd. Unit-Ii v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5323 of 2020 ====================================================== 1.

M/s Silica Infotech Pvt. Ltd. Unit-II 142 Ground Floor, Santnagar, East of Kailash, New Delhi-110065, through its Vice President Prakash Kumar Singh aged about 52 years (Male), Son of Chandra Dip Singh, Resident of 201-B, Shree Apartment, West Anandpuri, Patna, P.S.-S.K. Puri, DistrictPatna. 2.

M/s Silica Infotech Pvt. Ltd. Unit-III, 142 Ground Floor, Santnagar, East of Kailash, New Delhi-110065, through its Vice President Prakash Kumar Singh aged about 52 years (Male), Son of Chandra Dip Singh, Resident of 201-B, Shree Apartment, West Anandpuri, Patna, P.S.-S.K. Puri, DistrictPatna. 3.

M/s Amarpali Cylinders Pvt. Ltd. Unit-III, 142 Ground Floor, Santnagar, East of Kailash, New Delhi-110065, through its Vice President Prakash Kumar Singh aged about 52 years (Male), Son of Chandra Dip Singh, Resident of 201-B, Shree Apartment, West Anandpuri, Patna, P.S.-S.K. Puri, District-Patna.

4.

M/s Amarpali Cylinders Pvt. Ltd. Unit-IV, 142 Ground Floor, Santnagar, East of Kailash, New Delhi-110065, through its Vice President Prakash Kumar Singh aged about 52 years (Male), Son of Chandra Dip Singh, Resident of 201-B, Shree Apartment, West Anandpuri, Patna, P.S.-S.K. Puri, District-Patna.

5.

Silica Udyog India Pvt. Ltd., Unit-III, 142 Ground Floor, Santnagar, East of Kailash, New Delhi-110065, through its Vice President Prakash Kumar Singh aged about 52 years (Male), Son of Chandra Dip Singh, Resident of 201-B, Shree Apartment, West Anandpuri, Patna, P.S.-S.K. Puri, DistrictPatna. 6.

Silica Udyog India Pvt. Ltd., Unit-IV, 142 Ground Floor, Santnagar, East of Kailash, New Delhi-110065, through its Vice President Prakash Kumar Singh aged about 52 years (Male), Son of Chandra Dip Singh, Resident of 201-B, Shree Apartment, West Anandpuri, Patna, P.S.-S.K. Puri, DistrictPatna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Consumer Affairs, Food and Public Distribution, New Delhi.

2.

The Joint Secretary, Department of Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi. 3.

The Chief Controller of Explosive (HOD), Petroleum and Explosives Safety Organization, Ministry of Commerce and Industry, Government of India, A Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur. 4.

The Joint Chief Controller of Explosive (HOD), Petroleum and Explosives Safety Organization, Ministry of Commerce and Industry, Government of India, A Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur.

2/4 5.

The Director General, Bureau of Indian Standard, New Delhi. 6.

The Director, Bureau of Indian Standard, Patliputra Industrial Estate, Patna800013. 7.

The Chairman, Indian Oil Corporation Ltd. (IOCL) (Marketing Division), LPG Operations Department, Head Office G-9 Ali Yavar Jung Marg, Bandra (East), Mumbai-400051.

8.

The Chairman, Bharat Petroleum Corporation Ltd., (BPCL), New Delhi. 9.

The Chairman, Hindustan Petroleum Corporation Ltd., (HPCL), New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K. Shahi, Sr. Advocate Mr. Sanjiv Kumar, Advocate For U.O.I.

:

Mr.Kumar Priya Ranjan, CGC Mr. Ankur Apurv Singh, Advocate Mr. Vibhuti Kumar, Advocate For I.O.C.L.

Mr. Sanjay Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-10-2022 Shri P.K. Shahi, learned Senior Advocate appearing for the petitioners, states that in reference to another petition filed by the very same petitioner(s), seeking similar relief, subject-matter of the present lis, the petition i.e. C.W.J.C. No.4525 of 2020, titled as M/s Silica Infotech Pvt. Ltd & Ors. Vs. The Union of India & Ors. was disposed of on 06.03.2022 in the following terms:

"The short prayer made by the learned senior counsel appearing for the petitioner is that the respondent Nos. 4 and 6 be jointly directed to conduct inspection of the petitioners' Gas Cylinder plant for the purposes of certifying the said plant and issuing

3/4 approval letter and requisite license in favour of the petitioner.

The learned counsel appearing for the respondents do not have any objection if the authorities in question are directed to conduct inspection of the Gas Cylinder Plant of the petitioners' Company. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with a direction to the respondent Nos. 4 and 6 to carry out joint inspection of the Gas Cylinder Plant of the petitioners situated at Gidha, Ara (Bhojpur) at village-Sakaddi, within a period of four weeks from receipt/production of a copy of the order, subject to the petitioners having fulfilled all the requisite formalities as also having deposited the requisite fees.

The writ petition stands disposed of on the aforesaid terms."

It appears that, perhaps, the present petition may have become infructuous in view of the aforesaid order. Be that as it may, we dispose of the present petition, reserving liberty to the petitioners to approach the respondent authorities, who shall consider the petitioners' request pending, if any, and take a decision thereupon, if not already taken, in view of the order passed in M/s. Silica Infotech Pvt. Ltd. (supra) within reasonable time and not later than three months. Liberty reserved to the petitioners to approach this

4/4 Court, should the need so arise subsequently. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U