High Court Of ChhattisgarhWPC/2204/2021dismissed

Tularam Sahu v. State Of Chhattisgarh

2021-06-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2204 of 2021 • Tularam Sahu S/o Manharan Lal Sahu Aged About 42 Years R/o Village Mohdi, Post Bijetla, Tah. Rajnandgaon, District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Chief Secretary, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh

2. The Collector Rajnandgaon District Rajnandgaon, Chhattisgarh

3. The Sub Divisional Officer (Revenue) Rajnandgaon, District Rajnandgaon, Chhattisgarh

4. The Nayab Tahsildar Tahsil Ghumka, District Rajnandgaon, Chhattisgarh

5. Smt. Sumrin Bai W/o Baldev Nishad (Sarpanch) Aged About 36 Years R/o Village Mohdi, Post Bijetla, Tah. Rajnandgaon, District Rajnandgaon, Chhattisgarh

6. Minesh Kumar Dubey S/o Late Madan Lal Dubey (Secretary) Aged About 42 Years R/o Village Mohdi, Post Bijetla, Tah. Rajnandgaon, District Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :

Mr. Love Kumar Ramteke, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 24.06.2021

1. Heard

2. In the instant writ petition, Annexure P/1 dated 03.03.2021 has been sought to be quashed wherein it is stated that the petrol pump is being opened without adhering to the permission issued under Nagar Tatha Gram Nivesh and the retail outlet permission is allowed to Bharat Petroleum.

3. Without going into merit of this case, considering the array of the respondents, it appears that the Bharat Petroleum, to whom the permission was allowed by the Collector-cum-District Magistrate Rajnandgaon by Annexure P/1 dated 03.03.2021, is not a party.

4. Learned counsel for the petitioner when was apprised of the fact, he

-2submits that Annexure P/1 can be quashed as it has been issued by the Collector.

5. Since the order Annexure P/1 dated 03.03.2021 which is sought to be quashed wherein the permission/ No Objection Certificate to open a petrol pump was granted to Bharat Petroleum Corporation and despite, it was pointed out that the Bharat Petroleum is not a party in the present petition, the petitioner is dormant.

6. Consequently, any order may affect the right of the Bharat Petroleum to whom the permission was granted. They being not a party before this Court, I am not inclined to entertain this writ petition.

7. Accordingly, the writ petition stands dismissed. Sd/- (Goutam Bhaduri) Judge Vishakha