MS GANGA SABIR FILING STATION BAHADARABAD v. INDIAN OIL CORPORATION LIMITED
WPMS/2581/2025 · 2025-10-07
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10871 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10871 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:8850 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2581/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Nandan Arya, learned counsel for the petitioner.
2. Mr. V.K. Kohli, learned Senior Counsel appearing for the respondent- IOC.
3. Mr. Manoj Kumar, learned Central Government Standing Counsel for respondent no. 2.
4. Petitioner has challenged
order dated 22.08.2025 passed by Deputy Controller of Explosives, Dehradun, whereby the licence granted to Indian Oil Corporation (IOC) under Petroleum Rules, 2002 has been suspended till
20.11.2025.
5. Learned Central Government Standing Counsel appearing for respondent no. 2 raised a preliminary objection that petitioner does not have any locus standi in the matter and only Indian Oil Corporation can question the legality of suspension order.
6. This Court finds substance in the submission made by learned Central Government Standing Counsel. Since the licence was granted to Indian Oil Corporation, therefore, petitioner, who is merely engaged as Agent by Indian Oil Corporation, do not have any locus standi to challenge the suspension order passed against IOC.
2025:UHC:8850
7.
Learned counsel for the petitioner contended that petitioner is the affected person, as he is running the petrol-pump and the petroleum products, purchased by him, are still lying in the storage tank. He further submits that the said licence is valid till December, 2026.
8. Merely because petroleum product purchased by petitioner for retail sale to members of public is lying in the premises of the retail outlet, will not create any right in his favour to challenge the suspension of explosive licence, which was issued in favour of Indian Oil Corporation. Only the licencee can challenge suspension of licence.
9. The writ petition is, accordingly, dismissed as not maintainable. However, this order will not affect the right of Indian Oil Corporation to challenge the suspension
order before appropriate forum.
(Manoj Kumar Tiwari, J)
07.10.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512 ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE5 8A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.07 06:02:55 -07'00'
2025:UHC:8850