K C B PODDAR, REPRESENTED BY ITS PARTNER SHRI AMAL PODDAR, S/O LATE ISWAR CHANDRA PODDAR Vs. STATE OF TRIPURA REPRESENTED BY SECRETARY TO GOVERNMENT OF TRIPURA, DEPARTMENT OF REVENUE,

JUDGEMENT

(1.) HEARD Mr. S M Chakraborty, learned senior counsel assisted by Mr. S Bhattacharjee, learned Counsel appearing for the Petitioner. Also heard Mr. N C Paul, learned Government Advocate for the Respondent Nos. 1, 2 and 3 as well as Mr. A Lodh, learned Counsel appearing for the Respondent No. 4.

(2.) THE fact leading to filing of this writ petition reveals that the Petitioner has been running a manually operated retail Out Let Agency of diesel and kerosene at Manubazar under Sabroom Sub -Division, South Tripura from the year, 1973. Prior to that since 1964, the Petitioner was running the agency of kerosene oil of Burma Oil Company.

(3.) KEEPING in view the requirement of the locality as well as the request of the Petitioner, the Indian Oil Corporation sanctioned an 3 Auto Pumping Agency in place of packed Agency in the name of the Petitioner. Pursuant to which, the Respondent No. 4 by a letter, dated 22.06.2010, requested the Respondent No. 2 to issue 'No Objection Certificate', in favour of the Petitioner for constructing petroleum Class -'A' and 'B' retail Out Let at Manubazar in South Tripura. Accordingly, in terms of the requirement of the Respondent No. 2, the Petitioner also obtained 'No Objection Certificate' from the local Gram Panchayat, Police Station and also the Fire Service Station of the locality. Since the Petitioner would be entitled to apply for exclusive license from the competent authority of the Government of India only after obtaining 'No Objection Certificate' from the Respondent No. 2, the Petitioner submitted necessary application before the Respondent No. 2, District Magistrate and Collector, South Tripura District, by annexing all necessary documents including the documents to justify the claim of the Petitioner over the land, in which the Auto Pump Unit was installed. The Petitioner annexed copy of the judgment and decree, passed by the Court of competent jurisdiction to show that the title of the land in question where the Auto pumping Agency is proposed to be installed, lay with the Petitioner.