1 2025:CGHC:44230 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4641 of 2025 Parmanand Sai Painkra S/o Late Sarthu Sai Aged About 57 Years R/o Village And Post Pandripani, Tehsil Farsabahar, District Jashpur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Commissioner Sarguja Division, At Ambikapur, District Sarguja (C.G) 3 - Collector Jashpur, District Jashpur (C.G) 4 - Sub-Divisional Officer (Revenue) Farsabahar, District Jashpur (C.G) 5 - Tehsildar Tehsil Farsahabar, District Jashpur (C.G) 6 - Naib Tehsildar Tehsil Farsahabar, District Jashpur (C.G) 7 - Patwari Halka No. 19, Village Pandripani, Revenue Circle And Tehsil Farsabahar, District Jashpur (C.G) 8 - Indian Oil Corporation Limited Through Its Divisional Manager, Raipur Divisional Office, Indian Oil Bhavan, Rajiv Gandhi Marg, V.I.P. Road, P.O. Ravigram Telibandha, Raipur (C.G) 492006 2 9 - Shri Mukesh Kumar Gupta Manager (Rs), Korba Sales Office, C/o Indian Oil Corporation Limited, Raipur Divisional Office, Indian Oil Bhavan, Rajiv Gandhi Marg, V.I.P. Road, P.O. Ravigram, Raipur (C.G) 492006 10 - Amit Kumar Gupta S/o Shri Anandi Prasad Gupta R/o Village And Post Pandripani, Tehsil Farsabahar, District Jashpur (C.G.) (Petrol Pump Owner) ---- Respondents For Petitioner : Mr. Arham Siddiqui, Advocate For State/Respondents No.1 to 7 : Mr. R.S. Marhas, Additional AG Respondent No.8 : Mr. Anand Shukla, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 01/09/2025 1. By way of this petition, petitioner sought the following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to call for records of the revenue cases pertaining to the issues raised in the present writ petition. 10.2 That, this Hon'ble may kindly be pleased to quash/set aside the order dated 01-09-2023 (Annexure P-6) passed by the respondent no. 2/Commissioner, Sarguja Division; as well as the order dated 06-10- 2023 passed by the respondent no. 3/Collector, Jashpur (C.G) in Revenue Case No. 20230203010035/143/B-121, 2022-2023 (Part of Annexure P-5); and the order dated 06-10-2023 passed by the respondent no. 3/Collector, Jashpur (C.G) addressed to the respondent no. 9 granting NOC to operate the retail outlet (Part of Annexure P-5); for being bad in law. 3 10.3 That, this Hon'ble Court may kindly be pleased to declare that the NOC granted to the respondent Indian Oil Corporation Limited and the respondent no. 10 to operate his retail outlet (petrol pump) at Khasra Number 445/1/ क/24, over 20 mt. x 20 mt land at Village Pandripani, Patwari Halka Number 19, Tehsil Farsabahar, District Jashpur (C.G) is illegal and obtained by fraud, therefore non-est in the eyes of law. 10.4 That, this Hon'ble court may kindly be pleased to restrain the respondent Indian Oil Corporation Limited and respondent no. 10 from operating the illegal retail outlet (petrol pump) at the aforesaid location. 10.5 That, this Hon'ble court may direct for suitable disciplinary action against the erring officials in the facts and circumstances of the present case. 10.6 Any appropriate writ, direction or order may also kindly be passed in favor of the petitioner, which this Hon'ble Court deems fit in the circumstances of the cause.” 2. Learned counsel appearing for the petitioner contended that by way of this petition, petitioner is challenging the illegal NOC granted by respondent No.8 in favour of respondent No.10 for establishing of petrol pump at Khasra No. 445/1/क/24, over 20mt. X 20 mt. land at Village Pandripani, Patwari Halka No.19, Tahsil Farsabahar, District Jashpur (C.G.). An advertisement was floated for the appointment of rural retail outlet dealership by the respondent Indian Oil Corporation Limited, at the location "From Junction (SH4 and New Bus Stand Road) towards Pandripani, New Bus Stand Road, Tehsil Pharsabahar, District Jashpur" under the "Rural Category". The location is mentioned at serial number 1073 of the said advertisement. Based 4 upon the said advertisement, the respondent no. 10/Amit Kumar Gupta applied for the said location and was selected. 3. Since the petrol pump is under the rural category, it had to be established on a rural road, and therefore, the respondent no. 10 in connivance with the revenue authorities prepared incorrect revenue records to show that a rural road passes with the land bearing the aforesaid Khasra Number, so that the relevant permissions and no- objections can be granted to him to operate the said rural outlet. When the petitioner became aware of this fraud and connivance, he approached the revenue authorities on 10-01-2023, by preferring an application dated 10-01-2023 before the respondent no. 5/Tehsildar for necessary correction in the revenue record. As per the averment in the application, in Village Pandripani over Khasra No. 445/1/6/28, Rakba 0.020 Hectare, erroneously, "road" has been recorded and map has also been prepared, which was in fact a land of Bhumiswami Right, therefore the error must be corrected. Upon the said application, the report of respondent no.7/Halka Patwari was received, which shows that on spot inspection of the said land, it was found that a Gitti Dirt Track (Kacchi Sadak) is present over the said land and online map is available, however, in the running map (Chalu Naksha), the same is not available, as also "road" is not registered in the Manual Khasra & online Khasra from 2016-19 & 2020-21. 5 4. Learned counsel for the respondents oppose the submission made by counsel for the petitioner and contended that the petitioner has no locus standi to challenge the order of NOC given in favour of respondent No.10. They further contended that the petitioner is neither participated in the advertisement floated for the appointment of rural retail outlet dealership by the respondent - Indian Oil Corporation Limited nor he raised any objection before the Collector. They further contended that it is also difference that the establishment of the firm at Khasra No. 445/1/क/24, however, in all the revenue proceedings there is mentioned Khasra No. 445/1/क/28. 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. Considering the facts and circumstances of the case and submission made by learned counsel for the parties. Taking into consideration the fact that the relief which has been sought by the petitioner cannot be granted in exercise of writ jurisdiction. Considering the fact that the NOC has granted in favour of the respondent No.10 in the year 2023, so there is delay and latches in filing the petition and also considering the fact that the petrol pump of respondent No.10 is in operating condition at present. Hence, it is crystal clear that the petitioner has no locus standi to challenge the NOC given in favour of the respondent No.10, therefore, in view of the considered opinion of this Court, this petition is not maintainable. 6 7. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. 8. However, the petitioner is at liberty to file appropriate application/representation before respondent No.8, if so desire. Sd/- (Arvind Kumar Verma) Judge Vasant