Anjeet Kumar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15118 of 2018 ====================================================== Anjeet Kumar Pandey Son of Kedar Nath Pandey resident of village - Pandey Tola Meenapur, P.S. Meenapur, District Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna 4.

The District Magistrate-cum-Collector, Muzaffarpur. 5.

The Chief Engineer (Ya), North Bihar Sub-Division, Road Construction Department, Government of Bihar 6.

The Executive Engineer, Road Division No. 2,Road Construction Department, Muzaffarpur.

7.

The Bharat Petroleum Corporation Limited through the Territory Manager Retail, Muzaffarpur.

8.

The Territory Manager Retail, Muzaffarpur, Bharat Petroleum Corporation Limited.

9.

The Indian Oil Corporation Limited through the General Manager Bihar State Office, Patna.

10.

The Senior Divisional Retail Sales Manager, Divisional Office, Indian Oil Corporation Limited, Muzaffarpur 11.

Umesh Ram Son of Fekan Ram resident of village - Kakrachak, P.S. Bochaha, District - Muzaffarpur, Pin - 843103. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Mishra, Advocate For the Respondent/s :

Mr. Mahtab Alam, AC to SC 20 For the IOCL :

Mr. Sanat Kumar Mishra, Advocate For the BPCL :

Mr. Rajiv Prakash, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 30-07-2025

1. The petitioner has filed the instant application for the following reliefs:

"i) For issuance of writ of

2/4 certiorari, quashing the letter no. Pra11/Petrol Pump-17-40/2017 dated 05.07.2018 issued under the signature of Chief Engineer (Ya) (Respondent No.5), whereby and where under the respondent no.5 has cancelled the No Objection Certificate granted for establishing a BPCL outlet at Mauza Turki Khararo, Meenapur Belshand, Path, (vide Letter No. 500 (Anu.) dated 16.02.2018).

(ii) For directing the concerned respondents to proceed with the allotment process of retail outlet at the location of Turki Khararo in favour of the petitioner, on the basis of the No Objection Certificate granted by the Respondent No.5 vide Letter No. 500 (Anu.) dated 16.02.2018.

(iii) For taking all necessary steps for allotment of retail outlet at the said location in favour of the petitioner, as the petitioner has qualified for the same and fulfills all requisite conditions for the same.

(iv) For issuance of any other appropriate writ/writs, order/orders, direction/directions, for which the petitioner shall be found entitled under the facts and circumstances of the case stated hereinafter."

3/4

2. At the very outset, Learned counsel for the petitioner contended that since this matter is squarely covered under the order passed by a Co-ordinate Bench of this Court in C.W.J.C. No. 12190 of 2016 (Smt. Kritika Vs. The State of Bihar & Ors) and other analogous matters, this writ petition may also be disposed of on the same terms and conditions.

3. In Smt. Kritika (supra) this Court has held as follows:

"Accordingly, all the writ applications are disposed of with a direction to the respondent authorities to decide each case applying the condition prevalent at the time of issuance of N.I.T.

by respective Oil Companies within a period of six weeks from the date of receipt/production of a copy of this order.

With the aforementioned observation and direction, all these writ applications are disposed of."

4. Having regard to the submissions made by the parties, the present writ petition stands disposed of in terms of the aforesaid

4/4 judgment passed in Smt. Kritika (supra).

5. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2025 Transmission Date