INDIAN OIL CORPORATION LIMITED, THROUGH ITS CHAIRM Vs. STATE OF BIHAR, THROUGH CHIEF SECRETARY GOVERNMENT

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) Both writ petitions have been filed with a common prayer for quashing the letter bearing no. 3148 dated 04.12017 whereby no objection granted under Rule 144 of the Petroleum Rules, 2002 for storage of petroleum products has been cancelled by the District Magistrate and the operation of the retail outlet in question has been directed to be closed; and for a direction to the respondents not to interfere with the operation of the retail outlet.

(3.) Both writ petitions involve common facts and issues and as such the broad facts of the case are referred to as stated in C.W.J.C. No. 18284 of 2017 for the sake of convenience. The petitioner of the said writ petition (hereinafter 'the Corporation' of convenience) selected the respondent no. 4 (the petitioner of C.W.J.C. No. 18231 of 2017) as its dealer ('the dealer') after following the due process of selection. A letter of intent came to be issued in favour of the dealer on 08.02.2013 and upon his compliance with the terms of the LOI, the petrol pump was commissioned in terms of an agreement dated 24.06.201 For the purposes of receiving a licence for the proposed site from the licensing authority, namely the Chief Controller or Controller of Explosives, Kolkata, the petitioner by letter dated 30.11.2012 along with two copies of the site plan made a request to the District Magistrate, Samastipur for grant of No Objection Certificate (for short 'the NOC') under Rule 144 of the Petroleum Rules, 2002 (for short 'the Rules') , clearly stating therein the relevant details of the land. On being satisfied about the right to site of the dealer, the District Magistrate granted the NOC under the Rules by letter dated 31.02013 in favour of the dealer. Upon issuance of the NOC, the licensing authority then finalized the issuance of license in Form-XIV for storage of petroleum products in the licensed premises shown in the approved site plan.