Hindustan Petroleum Corporation Ltd., Thr. Deputy General Manager, Nagpur v. Joint Chief Controller Of Explosives, Petroleum And Explosive Safety Org. (Peso), Mumbai And ORS

2025:BHC-NAG:7580-DB 1 905.WP.7266.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.7266 OF 2024 Hindustan Petroleum Corporation Limited ..vs..

Joint Chief Controller of Explosives, Petroleum and Explosive Safety Organization and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.V. Bhangde, Advocate for the petitioner. Shri N.S. Deshpande, D.S.G.I. for respondent no.1. Shri Harish Dangre, Advocate for respondent nos.2 to 9. CORAM: SMT.M.S. JAWALKAR AND PRAVIN S. PATIL, JJ. DATED : 31/07/2025.

Heard.

2.

It is stated that, the petitioner Corporation for selling its product to public appoints various dealers from whom products are sold whom they termed as a retail outlets. Accordingly, one of its dealer namely M/s N.M. Bole & sons, operating retail outlet bearing licence No.P/WC/MH/14/2551 (P28473), at Dharampeth, Nagpur.

3.

By this petition, the petitioner impugned the communication/order dated 04.12.2024 passed by respondent no.1 cancelling the retail outlet license of M/s N.M. Bole & sons for not furnishing legal physical possession of land documents in compliance of letter dated 26.12.2023. 4.

The petitioner challenges the impugned order dated 04.12.2024 mainly on the ground that same has been passed without granting hearing opportunity though this Court in Writ Petition No.2643 of 2024 directed respondent no. 1 to decide the same by granting opportunity of hearing and to pass reasoned order.

5.

Learned Counsel appearing for respondent nos. 2

2 905.WP.7266.2024 to 9 fairly conceded that the impugned order came to be passed without granting hearing opportunity to the petitioner. 6.

In view of this admitted fact, the impugned order/communication, is prima facie found to be illegal and liable to be quashed and set aside. Hence, we proceed to pass the following order :

(a) The Writ Petition is allowed.

(b) The impugned communication/order dated 04.12.2024 passed by respondent no.1 is hereby quashed and set aside.

(c) The respondent no.1 is directed to reconsider the grievance of the petitioner by granting hearing opportunity to the petitioner by issuing prior notice of hearing to all the parties and thereafter considering the rival submission and by recording reasons decide the issue involved in the matter. (d) The petitioner and respondent nos.2 to 9 are directed to remain present before the respondent no.1 on 07.08.2025.

(e) The entire exercise of hearing and decision shall be completed within a period of three months from the date of this order.

(f) In case any adverse order is passed against the petitioner, the same shall remained stayed for a period of two weeks after its copy being served on the petitioner.

7.

The Writ petition stands disposed of accordingly. No costs.

(PRAVIN S. PATIL , J.

) (SMT.

M.S. JAWALKAR , J.

) Trupti