Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7649 of 2022 ====================================================== Sunil Kumar Son of Sri Nagina Prasad Chaudhary, Resident of Village Atkoni, P.S. Hiramma, District - Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate - Cum - Collector, Sheohar.

2.

The Bharat Petroleum Corporation Ltd., having its Registered Office at Bharat Bhawan, 4 and 6, Currimbhoy Road, Ballad Estate, P.B. No. 688, Mumbai - 400001 through its Chairman - Cum - Managing Director. 3.

The Chairman - Cum - Managing Director, Bharat Petroleum Corporation Ltd., having its Registered Office at Bharat Bhawan, 4 and 6, Currimbhoy Road, Ballad Estate, P.B. No. 688, Mumbai - 400001. 4.

The Regional Manager (Marketing), Bharat Petroleum Corporation Ltd., Ashiyana Chamber, Exhibition Road, Patna.

5.

The State Head, Bharat Petroleum Corporation Ltd., Ashiyana Chamber, Exhibition Road, Patna.

6.

The Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Near Narayanpur Railway Station, NH-28, SIC Bela, Muzaffarpur. 7.

The Sub-Divisional Officer, Sheohar.

8.

The Deputy Collector, Land Reforms, Sheohar.

9.

The Circle Officer, Tariyani, District - Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohit Agarwal, Advocate Mr. Lokesh Kumar, Advocate Ms. Sushmita Mishra, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-07-2022 Heard learned counsel for the parties.

2/5 Petitioner has prayed for following reliefs:-

3/5 It is not in dispute that prior to issuing communication dated 12th of January, 2022, that of the District Magistrate, Sheohar informing Bharat Petroleum Corporation Ltd. of non-issuance of the NOC in favour of the petitioner, be it for whatever reason, no opportunity of hearing was afforded, as

4/5 is so mandated under the Rule 149 of the Petroleum Rules, 2002.

In this view of the matter, the impugned action of the District Magistrate, Sheohar is quashed and set aside with a direction to the said authority to afford opportunity of hearing as mandated under law and thereafter only pass an appropriate order granting or refusing NOC.

We have not expressed any opinion on merits though learned counsel for the petitioner invites our attention to communication dated 13.11.2020 (Annexure 10 page 53) indicating the petitioner to have requisite land in accordance with law.

Well, this question is left open to be decided by the authorities.

In these circumstances, petitioner shall make himself available in the office of the District Magistrate, Sheohar on 12.08.2022 at 10:30 A.M., who shall ensure passing of an appropriate order in accordance with law within a period of three weeks thereafter.

We are passing such an order considering the fact that advertisement for allocation of the retail outlet was issued on 25th November, 2018 and yet the process has not

5/5 been completed.

Learned counsel for the respondents undertakes to communicate the order through electronic mode. Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 29.07.2022 Transmission Date NA