Kamlkar Shankar Pawar v. Subhashchandra Ratilal A Prop. Firm Thr Sole Prop. And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2026.01.17 15:19:53 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8587 OF 2025 Subhashchandra Ratilal ... Petitioner vs.

The State of Maharashtra & Ors.

... Respondents WITH INTERIM APPLICATION NO. 9967 OF 2025 IN WRIT PETITION NO. 8587 OF 2025 Shri Kamlakar Shankar Pawar ... Applicant

IN THE MATTER OF

Subhashchandra Ratilal ... Petitioner versus The State of Maharashtra & Ors.

... Respondents ...

Mr.Sanjay P. Shinde for the Petitioner.

Mr.Sachin Dhakephalkar for the Applicant in IA. Mrs.M.P.Thakur, AGP for the Respondent -State. Mr.A.V.Hardas i/b. Mr.S.S.Patwardhan for Respondent No.2. Mr.Ashish Gabhale with Ms.Meenakshi Mane i/b. Jay & Co. for Respondent No.3.

...

CORAM :

RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : JANUARY 16, 2026 ...1

P.C:

1.

The learned Advocate for the Petitioner has tendered two sheets containing four colour photographs. All four photographs are taken on record and collectively marked as 'X-1' for identification. 2.

By consent, Interim Application No. 9967 of 2025 is allowed.

3.

The landowner be added as a party Respondent. Addition be carried out forthwith.

4.

Considering the condition in which the Petitioner is operating the petrol pump, and in view of the serious allegations made against the Petitioner that even the underground storage tank is illegal and that, besides a tin shed covering the two dispenser machines, there is nothing inside worthy of treating the Petitioner's establishment as a petrol pump, we direct that Indian Oil Corporation be added as a party Respondent, who, the Petitioner claims, is said to have granted licence and permission to operate the fuel station since 1964. Addition be carried out forthwith. ...2

5.

Issue notice to the Respondents, returnable on 18.02.2026.

6.

The Respondents shall enter their affidavits in reply at least seven days prior to the returnable date. 7.

The Petitioner would ensure that the affidavits in reply are arranged date-wise and that the pagination is corrected in continuation with the Petition paper book.

8.

Indian Oil Corporation shall place before the Court the rules which mandate compliances for the grant of sanction and permission to operate a fuel station.

(ABHAY J.MANTRI, J.) (RAVINDRA V. GHUGE, J.) ...3