Pratima Paul v. Indian Oil Corporation Ltd. And ORS.

13.05.2026 Item No. 05 Crt.No.10 b.r. WPA 144 of 2026 Pratima Paul -vsIndian Oil Corporation Ltd. & Ors.

Mr. Pingal Bhattacharyya Mr. Rajdeep Sinha .... For the petitioner.

Mr. Amit Kumar Nag Mr. Partha Banerjee Ms. Rishita Sarkar .... For the IOCL.

1. Affidavit of service filed in Court today, is taken on record.

2. The matter has been heard at length.

3. During the course of hearing, it transpires from the record that the impugned order has been passed on 21.11.2025 by the General Manager (T) Haldia Terminal -B, despite a peremptory direction issued by the Coordinate Bench of this Court in WPA 2919 of 2025 vide order dated 18.3.2025 directing inter alia, to consider the writ petition and annexures thereof to be a representation and disposed of the representation within six weeks from the date of communication of this order after granting appropriate opportunity of being

heard to the petitioner including filing necessary documents, if any.

4. The General Manager not being a party to the proceedings has passed the impugned order by overreaching his authority and without acting in terms of the orders dated 16.04.2025 to be read with 18.03.2025.

5. In view of the above, the order dated 21.11.2025 passed by the General Manager (T) Haldia Terminal(B) is quashed and set aside.

6. I direct the petitioner to file a comprehensive and detailed representation before the Deputy General Manager (Terminal), Haldia TerminalB within ten days from date and shall thereafter dispose of the said representation with the assistance of the respondent no.8 to arrive at a logical conclusion by passing a reasoned order within four weeks from the date of receipt of the representation in accordance with law upon affording an opportunity of hearing to the petitioner and the other stake holders and communicate such decision within a week thereafter.

7. With the above directions and observations, this writ petition WPA 144 of 2026 is disposed of.

8. However, it is made clear that at the time of hearing the respondent no.8 shall remain present and place relevant particulars and documents pertaining to the issue involved herein before the Deputy General Manager (Terminal), Haldia Terminal-B at the time of adjudication.

9. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Smita Das De, J.)