Mangal Deep @ Gaurab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8134 of 2022 ====================================================== Mangal Deep @ Gaurab Son of Deepak Kumar Resident of Village- Manchi, P.O.- Bhandari, P.S.- Belsand, District- Sitamarhi (Bihar) ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna.
2.
The Collector, Sitamarhi.
3.
The Sub Divisional Officer, Belsand (Sitamarhi) 4.
The Circle Officer, Belsand (Sitamarhi) 5.
The General Manager, Indian Oil Corporation, Indian Oil Building, G-9, Aleyawar Jang Marg, Bandra, East Mumbai.
6.
The Regional Manager, Indian Oil Corporation, Lok Nayak Jayprakash Bhawan, 5th Floor, Dak Bungalow Road, Patna- 1 7.
The Marketing Officer, Indian Oil Corporation, Lok Nayak Jayprakash Bhawan, 5th Floor, Dak Bungalow Road, Patna- 1 8.
Amit Kumar Son of Anil Kumar Singh, Propriter, Maa Ganga Fuels, Bhorhan, P.S.- Belsand, District- Sitamarhi and Permanent Resident of Village- Manchi, P.S.- Belsand, District- Sitamarhi (Bihar). ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tejendra Sinha, Advocate For the Respondent/s :
Mr.S. Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE S. KUMAR) 03-08-2022 Petitioner has prayed for the following relief(s):- "(I) For issuance of an appropriate writ/writs specifically in the nature of Mandamus commanding and directing the respondent to cancel the Latter of Intent of Muss "Maa Ganga Fuels, Bhorahan (Brit) granted to Respondent
Patna High Court CWJC No.8134 of 2022(3) dt.03-08-2022 2/3 No.-8, Situated at Thana No. 42, Anchal and Police Station- Belsand, District- Sitamarhi on Plot No. 722, Khata No-96, Area-61 dec. obtained fraudulently. The Fuel Station has not required area as per guideline of Indian Oil Corporation.
The respondent No. 8 has got No objection Certificate with convenience of Revenue Officers of Sitamarhi by showing false and fabricating sale deed of land in his name through he included land of petitioner in his name without any information or knowledge and started Fuel Station in 2020 which resultant unnecessary mental harassment.
(ii) Further for issuance of direction to the Respondent to cancel the No Objection Certificate granted to the respondent No.-96, Plot No.-772, Area 61 Dec. The land belongs to the petitioner, but respondent by fraudulently get N.O.C.
(iii) Further for a direction to dispose of the pleader Notice sent by petitioner.
And/or (iv) To pass such/others order as your Lordship may fit and proper in the facts and circumstances of the case."
After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if
Patna High Court CWJC No.8134 of 2022(3) dt.03-08-2022 3/3 the petition is disposed of, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.
Prayer allowed.
The petition is disposed of with the liberty aforesaid.
Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U