ATUL SUBODH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Both these petitions are heard together as similar like nature of issue is involved.

(3.) It is contended on behalf of the petitioners that the petitioners had applied for retail petrol pump outlet pursuant to the advertisement dated 14.02.2018. It is contended that the petitioners received the response from the respondent oil company on 17.01.2019 (Annexure P-3) and the proposed site in petition bearing WPC No.1470 of 2019 was between Jain Mandir Chowk and ITI Chowk on either side of the road, Korba and the proposed site in second case i.e. WPC No.1475 of 2019 was between Ghantaghar Chowk to Shastri Chowk on either side of the road, Korba. It is contended that on the proposed sites, the area for opening of retail outlet which has been advertised, no private land exist. It is further stated that in respect of Jain Mandir Chowk and ITI Chowk the proposed land has been leased out to the Chhattisgarh State Electricity Board (CSEB), whereas the proposed site land of Ghantaghar Chowk to Shastri Chowk, the entire government land exists. It is further contended first part of site of land at Jain Mandir Chowk and ITI Chowk the said land is held by the CSEB on lease and they have expressed that they do not have any objection if further lease is given to some third party i.e. express communication was made that they do not not have any objection if the lease is further granted to the petitioner namely Atul Subodh an application was submitted before the Collector Korba. The said application to the Collector Korba was for grant of lease. Further in respect of the proposed site of Ghantaghar Chowk to Shastri Chowk similar like nature of application was made to the Collector for grant of lease of land. It is stated that the Collector by communication dated 09.04.2019 replied to the petitioner Atul Subodh that in view of an circular of 16.01.2017 the government land can be granted for opening of retail outlet only when the application is made by the oil company to open an outlet. It is stated that because of this the petitioner could not get the lease of any land and the oil company may be directed to apply for lease of land and make available the land to the petitioner so that petrol pump outlet in the said site can be applied. It is further contended that the petitioner has already applied for grant of lease, which may also be considered by the State.