High Court Of ChhattisgarhWPC/1755/2015disposed off

Smt. Rajinder Kaur v. The Collector Food Branch And Licencing Authority

2015-09-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1755 of 2015 Smt. Rajinder Kaur W/o Late Shri Gurubhej Singh, Aged About 60 Years Proprietor G. S. Bhatia & Company, Dealer- Hindustan Petroleum Corporation Limited, G.E. Road, Rajnandgaon- 491441, Tah. & Distt. Rajnandgaon, (Chhattisgarh) ---- Petitioner

Versus

1. The Collector ( Food Branch ) And Licencing Authority Collectorate, G.E. Road, Rajnandgaon- 491441, Tah. & Distt. Rajnandgaon, (Chhattisgarh)

2. Regional Manager, Hindustan Petroleum Limited, Madina Manzil, Second Floor, Medical College Road, P.B. No. 129, Raipur 492001, Tah. & Distt. Raipur, (Chhattisgarh) ---- Respondents Shri V.G. Tamaskar, counsel for the petitioner/s. Shri Satish Gupta, Govt. Advocate for the State / respondent no.1 on advance copy. Shri N.Naha Roy, counsel for respondent No.2 on advance copy. Order On Board 30/09/2015 Challenge has been made by the petitioner to order dated 25/08/2015 and 27/08/15 by which, petitioner's application for renewal of license under High Speed Diesel oil (License and Control) order, 1980 has been rejected. 2.

Learned counsel for the petitioner submits that the main operative reason for rejecting petitioner's application for food license and issuance of prohibition order against sale of petroleum products is that explosive license of the petitioner has not been renewed beyond 31/12/13 whereas vide order dated 14/09/15, now renewal of explosive license has taken place for a period upto 31/12/2023.

It appears that the respondent / Collector passed the order at the time when renewal had not taken place. At that time, there was no explosive license existing. However, later on, renewal has been granted to the petitioner by the

Ministry of Commerce and Industry, Petroleum & Explosives Safety Organisation (PESO), Government of India vide order dated 14/09/15. Therefore, in these circumstances, the petitioner may approach respondent No.1 with the renewed explosive license. The Collector shall consider and pass appropriate order on petitioner's application for renewal of license under Control Order of 1990 within a period of two weeks from the date of submitting renewal license and copy of this order.

The petition is accordingly finally disposed off. Sd/- Manindra Mohan Shrivastava Judge Deepti