SATYANARAYAN AGRAWAL Vs. ANGURI DEVI

JUDGEMENT

(1.) THE petitioners in OJC No. 3970 of 2002, the partners of M/s. Auto Feed, a firm engaged in the business of sale of petrol, diesel and lubricants under a Dispensing Pump and Selling Licence of M/s. Bharat Petroleum Corporation Ltd. from its retail outlet at Uditnagar, Rourkela, seek to challenge the order dated January 14, 1999 (Annexure -5), passed by the Additional District Magistrate, Sundargarh (Opposite party No. 2), cancelling the 'No Objection Certificate' on the strength of which the Chief Controller of Explosives, East Circle, Calcutta issued licence bearing No. OR -922 of February 27, 1970 in favour of one Kishanlal Agrawal, the predecessor -in -interest of the petitioners, as well as the order Annexure -6 passed by the Revenue Divisional Commissioner (Northern Division), Orissa, Sambalpur in Misc. Appeal No. 2 of 1999 confirming the order of cancellation, vide Annexure -5.

(2.) BEREFT of all unnecessary details, the short facts which are necessary for effectual adjudication of the cases are stated hereinbelow : Late Satyanarayan Agrawal was the original owner of the land appertaining to Plot No. 426, Khata No. 168(A), Holding No. 656 situated within Rourkela N.A.C. He leased out the said land in favour of Kishanlal Agrawal and accorded his written consent on January 5, 1970 for establishment of a petrol pump and further agreed not to cancel the lease or withdraw his consent till the petrol pump would run on the said plot by the lessee or his transferees. On the basis of such consent, the District Author -ity on January 31, 1970 granted 'No Objection Certificate' under the Petroleum Rules for installation of a petrol pump -over the leasehold. On February 26, 1970, Kishanlal Agrawal entered into a partnership with petitioner No. 1 Satyanarayan Agrawal for running of the petrol pump in the name and style of M/s. Auto Feed and the said partnership firm continued to pay the rent for the leasehold to Satyanarayan Agrawal, the original owner. On the basis of the 'No Objection Certificate' issued by the District authority on February 27, 1970, Explosive Licence was granted by the Deputy Chief Controller of Explosives, Calcutta under the Petroleum Rules in favour of Kishanlal Agrawal for storage of Petroleum Products, vide Annexure -3. While matters stood thus, in the year 1981, Smt. Anguri Devi, Opposite Party No. 1, and one Smt. Bhagabati Devi purchased the leasehold land in two different parts from Satyanarayan Agrawal and continued to receive rent from the firm M/s. Auto Feed. In January, 1986, with the consent of Kishanlal Agrawal, the Explosive Licence was transferred in favour of the firm M/s. Auto Feed in consonance with Rule 157 of the Petroleum Rules. In July, 1985, Kishanlal Agrawal retired from the partnership of M/s. Auto Feed and Smt. Anguri Devi, Smt. Bhagabati Devi and one Subas Kumar were inducted as partners apart from petitioner No. 1. In February, 1988, a Dispensing Pump and Selling Licence Agreement was executed between M/s. Bharat Petroleum Corporation Ltd. and Satyanarayan Agrawal (Petitioner No. 1) and Ajay Kumar Agrawal (Petitioner No. 2), representing the firm M/s. Auto Feed, vide Annexure -1. In April, 1998 a fresh partnership deed was executed among Satyanarayan (Petitioner No. 1), Ajay Kumar Agrawal (Petitioner No. 2), Smt. Anguri Devi (Opposite party No. 1) and Subas Kumar for running the business in the name and style of M/s. Auto Feed. In April, 1995 the Explosive Licence was transferred to M/s. Bharat Petroleum Corporation Ltd. in consonance with Rule 157 of the Petroleum Rules with consent of M/s. Auto Feed. On March 31, 1996, the partnership of M/s. Auto Feed dissolved and on April 1, 1996, a fresh partnership deed was executed between petitioner Nos. 1 and 2 for running the said business of M/s. Auto Feed, who were appointed as dealers of Bharat Petroleum Corporation Ltd. ' In the meanwhile, dissensions cropped up and sometime in May, 1996, opposite party No. 1 Smt. Anguri Devi and aforesaid Subas Kumar filed Title Suit No. 49 of 1996 in the Court of the Civil Judge (S.D.), Rourkela inter alia challenging the dissolution of the partnership and praying for a declaration that the plaintiffs (i.e. opposite party No. 1 and Subas Kumar) had 50% interest in M/s. Auto Feed and to issue a permanent injunction by directing the defendants not to prohibit the plaintiffs from entering upon the business premises of M/s. Auto Feed and manage the day to day business affairs by virtue of the plaintiff's continuing as partners of the business, as well as for other ancillary reliefs. It is pertinent to mention here that both petitioner Nos. 1 and 2 and Bharat Petroleum Corporation were impleaded as defendant Nos. 1, 2 and 3 respectively in the said suit. Opposite party No. 1 Smt. Anguri Devi also filed an application before the Additional District Magistrate, Sundargarh praying for cancelling the 'No Objection Certificate' on the strength of which the Explosive Licence was issued on February 27, 1970 in favour of Kishanlal Agrawal. The said application was registered as Misc. Case No. 4 of 1996. The Additional District Magistrate by the impugned order Annexure -5, came to the conclusion that Smt. Anguri Devi (Opposite Party No. 1) was the owner of a portion of the land over which the petrol pump is situated and she had not given her consent in writing either to the opposite parties or to M/s. Auto Feed to use her portion of the land for running the petrol pump after she was ousted from the partnership firm. On the basis of the said finding, the Additional District Magistrate arrived at the conclusion that the licence to run the business over the land had ceased and the petitioners did not have any right to use the site for storing petroleum as the licensed premises belonged to Smt. Anguri Devi, and ordered cancellation of the 'No Objection Certificate' issued earlier vide Annexure -5.

(3.) OJC No. 3987 of 2002 has been filed by M/s. Bharat Petroleum Corporation Ltd. also challenging the order of January 14, 1999 passed by the Additional District Magistrate, Sundargarh and the order of January 18, 2002 passed by the Revenue Divisional Commissioner, Northern Division, Sambalpur in Misc. Appeal No. 2 of 1999 which are the orders impugned in O.J.C. No. 3970 of 2002. Smt. Anguri Devi, opposite party No. 1, had entered Caveat and also filed a preliminary counter -affidavit opposing the admission of the Writ Petitions inter alia reiterating the stand taken by her before the Additional District Magistrate, Sundargarh. It is averred that the petitioners had managed to obtain renewal of the licence in favour of M/s. Bharat Petroleum Corporation on the basis of a 'No Objection Certificate' and the said certificate should be recalled as opposite party No. 1 who is the owner of the property has not given her consent. Subsequently an additional affidavit has also been filed on behalf of Smt. Anguri Devi enclosing several documents like the consent given by the original owner late Satyanarayan Agrawal dated 5.1.1970, the consent given by Smt. Bhagabati Devi and an affidavit sworn to by Kishanlal Agrawal as Annexures -A/1, B/1 and C/1 respectively.