1 / 5 2025:CGHC:28057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3245 of 2025 Shri Sanjay Kumar Agrawal S/o Late Shri Dhanraj Agrawal Aged About 47 Years R/o Sitamani Chowk, Korba Chhagttisgarh 495677 ... Petitioner versus 1 - Hindustan Petroleum Corporation Limited (A Government of India Enterprise) Having Its Registered Office At 17, Jamshedji Tata Road, Chruchgate, Munbai Maharashtra-400020 2 - Hindustan Petroleum Corporation Limited, Bilaspur Retail Regional Office, First Floor, Bajpai Pavilion, Vyapar Vihar Road, Bilaspur, Chhattisgarh 495001 3 - Chief Regional Manager, Retail Bilaspur, Retail Regional Office, Hindustan Petroleum Corporation Limited Bilaspur Retail Regional Office, First Floor, Bajpai Pavilion, Vyapar Vihar Road, Bilaspur Chhattisgarh-495001 4 - Office of the Learned Collector & District Magistrate Korba, District Korba Chhattisgarh ... Respondents For Petitioner : Mr. Akhil Kumar Samantray, Advocate For Respondents : Mr. Ali Asgar, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 26/06/2025 1. The petitioner has filed the instant writ petition for the following reliefs:- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.28 13:53:17 +0530 2 / 5 10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ to the Respondent No.2, 3 & 4 to complete/conclude the process/proceedings of obtaining “No Objection Certificate” as per Rule 144 of the Petroleum Rules, 2002 pending before the Learned Collector, Korba, Chhattisgarh (Respondent No.4) so that the rural retail outlet could be developed over the offered plot of the Petitioner in the interest of equity & justice. 10.2 That, this Hon’ble Court may kindly issue appropriate writ to the Respondent No. 2 & 3 to grant three months time after the “No Objection Certificate” has been obtained by the Respondent Oil Marketing Company for development and construction of the rural retail outlet over the offered plot of the Petitioner in the interest of equity & justice. 10.3 That, this Hon’ble High Court may kindly issue appropriate writ to the Respondent No.2 & 3 to restore the Letter of Intent dated 27.07.2024 (Annexure P/7) in the light of the current situation in the interest of equity & justice. 10.4 Any other relief, which this Hon’ble Court may deem fit and appropriate, according to facts and circumstances of the case may also be granted. 2. The brief facts of the case are that the petitioner submitted his Application Form on 02.09.2023 for Rural Retail Outlet Dealership for the location as stated at Serial No. 245 of the Newspaper Advertisement issued by the Respondent No. 1 (Hindustan Petroleum Corporation Limited) i.e. "In between Meera Resort at Kudurmal to Urga Chowk, Urga, District Korba, Chhattisgarh" under the "Open" category. That after the inspection carried out by the Sales Officer, Retail, Korba Sales Area to the Respondent No. 2 3 / 5 it was found that a rice mill is situated over the offered plot by the Petitioner. Thereafter the Petitioner filed his Affidavit dated 31.03.2024 stating the fact that the rice mill will be removed and thereafter Letter of Intent was issued to the Petitioner on 27.07.2024 (Annexure P/7), however when the show cause notice was issued to the Petitioner on 10.01.2025 and its reply was also given to the Respondent No. 2 & 3 on 23.01.2025 (wrongly mentioned as 23.01.2024 due to bona-fide mistake) the Respondent No. 2 & 3 in a arbitrary manner had unilaterally taken a decision on withdrawal of the letter of intent. 3. Aggrieved by the aforesaid action the Petitioner by way of a writ petition invoked the writ jurisdiction under Article 226 & 227 of the Constitution of India of this High Court by filing WPC/2414/2025 namely Shri Sanjay Kumar Agrawal v/s Hindustan Petroleum Corporation Limited & Others on 01.05.2025 which came up for hearing on 09.05.2025 and this Court granted 45 days time to shift the rice mill situated over the offered plot. Thereafter the Petitioner is hereby challenging the arbitrary action on part of the Respondent No. 2 & 3 i.e. Hindustan Petroleum Corporation Limited, Bilaspur Retail Regional Office & Chief Regional Manager, Retail, Bilaspur Retail Regional Office respectively in not considering the Petitioner's Replies vide Letter dated 09.06.2025 & 19.06.2025 with regard to shifting of rice mill on the rear side of the offered plot due to rice storage issues on part of the Government Authorities and also the actions of the Respondent Oil Marketing Company on being idle 4 / 5 and not pursuing the case for getting the "No Objection Certificate" which is required for development & construction of the rural retail outlet over the offered plot in violation of Rule 144 of the Petroleum Rules, 2002. Hence, this petition. 4. Learned counsel for the petitioner would contend that the petitioner is making each and every effort to deposit the rice in the stacks as soon as they are made available by the Food Corporation of India and only 7371 quintals of rice remains to be deposited as per Letter dated 18/06/2025 issued by the District Marketing Officer, Korba, Chhattisgarh State Cooperative Marketing Federation (MARKFED) to the Respondent No.2. He would next contend that since the paddy has been purchased by the petitioner’s Rice Mill by giving a bank guarantee of approximately Rs.6 to 7 Crores, therefore, any loss to paddy bags of such substantial weight by forcefully shifting the rice mill infrastructure to the rear side of the offered plot will incur huge financial loss and also attract penal action which will hamper the petitioner’s livelihood. He would next contend that Respondents No.2 & 3 have been sitting idle and have not pursued the case for getting the NOC which is necessary. 5. Per contra, learned counsel for the respondents would submit that Draw of Lots is to be held in the month of July, 2025 for which an email has to be sent as early as possible otherwise the next Draw of Lots will be held at a very last stage, therefore, it is prayed that the petitioner may be directed to lift the rice as early as possible. 5 / 5 6. I have heard learned counsel for the parties and perused the documents. 7. Considering the facts and circumstances of the case, the nature of the grievance raised and the relief sought in the writ petition, a period of 60 days from the date of receipt of copy of this order as a last opportunity is granted to the petitioner to vacate the land and approach the concerned authorities. If, within the said period, the petitioner fails to vacate the land, the respondents may consider for further proceeding. 8. With the aforesaid observation and direction, the instant writ petition stands disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu