Ali Azami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5937 of 2023 ====================================================== Ali Azami Son of Sri Naseem Ali Resident of Ward no. 3, P.S.-Bhabhua, District-Kaimur (Bhabhua) at Present residing at Mohalla-Resaldar Nagar, Doranda, District-Ranchi (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Kaimur at Bhabhua. 2.

The Sub Divisional Magistrate, Mohania, District-Kaimur 3.

The Circle Officer, Mohania, District-Kaimur. 4.

The Territory Manager (Retail), Patna, Bharat Petroleum Corporation Limited Patna Territory Retail Office, P.S. Anisabad, District-Patna8000002. 5.

The GM (Tech)/ project Director, National Highway Authority, PIU, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D.K. Sinha, Sr. Advocate Mr. Alexander Ashok, Advocate For the State :

Mr. Sajid Salim Khan, SC-25 Ms. Prakritita Sharma, AC to SC-25 For the NHAI :

Mr. Kumar Gautam, Advocate For BPCL :

Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 28-04-2023 Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:- "i. For command to the Respondents to issue license to the petitioner i.e. sole selected candidate, for operating retail outlet dealership of Bharat Petroleum Corporation limited at Mauja-Rajpur, Tnana no. 520, pertaining to Khata no. 04, plot no. 64, Anchal - Mohania, District- Kaimur at Bhabhua.

ii. For any other relief/reliefs as this Hon'ble Court finds fit and appropriate

Patna High Court CWJC No.5937 of 2023 dt.28-04-2023 2/2 under the facts and circumstances of the case."

3. In support of the petitioner's grievance, he is relying on Annexure-5 dated 04.08.2021. Therefore, the District Magistrate, Kaimur is hereby directed to consider the request made by the Bharat Petroleum Corporation Limited in favour of the petitioner insofar as giving No Objection Certificate. If all the records are intact in that event necessary No Objection Certificate be issued to the Bharat Petroleum Corporation Limited with reference to Annexure-5 dated 04.08.2021, take such decision or if it is not in order what are the shortcomings shall be made known by passing order within a period of two months from the date of receipt of this order.

4. Accordingly, the present writ petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.05.2023 Transmission Date N.A.