USHA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the validity of the order dated 8.10.2002, contained in Annexure 6, passed in Misc. Appeal No. 8/2002 by the Commissioner, Patna Division (respondent no.2).

(2.) THE said appeal was filed by respondent no.5 against the order dated 15.12.2001, contained in part of Annexure 5, passed by the Collector, Patna in Misc. Case No. 10/2000 -2001 preferred by the petitioner, whereby no objection certificate granted under rule 151 of the Petroleum Rules, 1976 has been cancelled on the ground that the lease granted by the petitioner expired and thereafter the respondents did not have any title or right to continue over the leasehold land for storage of petroleum products.

(3.) IN the meanwhile, on 31.10.2000 the petitioner filed a petition before the District Magistrate, Patna for cancellation of no objection certificate under rule (5) of the Petroleum Rules, 1976 which was granted under rule 144 of the said Rules. The said petition was registered as Misc. Case No. 10/2000 -2001. A copy of the said petition has been annexed as Annexure 3. On the said petition, the District Magistrate vide order dated 1.11.2000, contained in Annexure 5, issued notice to the Managing Partner of respondent no.