Mukunda Mondal v. Union Of India And ORS.

03.12. 2024 item No.21 n.b.

ct. no. 24 WPA 24634 of 2024 Shri Mukunda Mondal.

Vs.

Union of India & Ors.

Mr. N. G. Sarkar, Mr. Devranjan Das, ..... for the petitioner.

Mr. Puspendu Chakraborty, .... For the IOCL.

In the earlier writ petition being no. WPA 19403 of 2022, this court has acted upon the submission of the learned counsel for the petitioner that the construction of godown for LPG distributorship licence has already been completed. Thus, the authority concerned is directed to inspect the godown of the petitionerand if it appears to the authority that the godown has properly constructed according to the rules, the IOCL is directed to re consider the proposal of the petitioner for issuance of letter of intent(LOI) in his favour.

Now, the petitioner again approach this court by this writ petitioner contending inter alia that after inspection some minor points of objection has been raised by the authority concerned and they again rejected his proposal for issuance of letter of intent(LOI). I have perused the inspection report dated July 22, 2024, the report contained the following observation: "1. Boundary wall is under construction.

1. Godown storage area is found to be constructed with dimensions as 6.9 Mtr. X 5.4 Mtr. However, mastic flooring and double layered brass wire mesh yet to be completed.

2. Space between godown and outer boundary is filled with water. Land filling to be done.

3. Approach road construction pending.

4. DO's and DON'T's NO SMOKING and other required standard displays are pending.

5. Showroom was not found within 500 metres from godown as per Policy for DKV. Godown Drawing consists of an area earmarked for office space without and dimensions but same not found to be constructed. Photographs taken from all direction attached."

It appears that from the report that boundary is under construction and the approach road is yet to be constructed. It appears that submission before this Court on the earlier occasion to the fact that construction of godown has completed, was incorrect. At this juncture, I find no justification to grant further time to the petitioner for completion of contraction of the godown. I make it clear on the earlier occasion, the writ petition being WPA 19403 of 2022 was disposed of on the basis of specific submission of petitioner which proved to be incorrect. Now this court cannot accept or act upon the submission of the

petitioner. Sufficient opportunity was given to the petitioner to complete the construction of godown, which is pending since 2017. It appears that petitioner has not approached this court with clean hands.

Under the above observation, I find no justification to entertain the petition at this state.

Thus, the writ petition is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)