Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 50462 (CHH)

JAGDAL SINGH CHANDRA v. STATE OF CHHATTISGARH

WPC/3414/2025 · 2025-09-03

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 4 2025:CGHC:45265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3414 of 2025 Jagdal Singh Chandra S/o Mattu Lal Chandra Aged About 37 Years R/o Ward No. 19, Manjhpara, Bhothiya District - Sakti Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Collector, Sakti District - Sakti Chhattisgarh 2 - Sub Divisional Officer (Revenue) Sakti District - Sakti Chhattisgarh 3 - Tehsildar Jaijaipur District - Sakti Chhattisgarh 4 - Patwari Patwari Halka No. 05, Tehsil Bhothiya Sakti Chhattisgarh 5 - Patwari Patwari Halka No. 05, Tehsil Jaijaipur Sakti Chhattisgarh 6 - Gram Panchayat Bhothiya Through The Sarpanch Gram Panchayat Bhothiya Jaijaipur, Sakti Chhattisgarh 7 - Hindustan Petroleum Corporation Limited Through The Chief Regional Manager Retail, Hindustan Petroleum Corporation Limited Registered Office At 1st Floor, Bajpai Pavillion Vyapar Vihar Road Bilaspur Chhattisgarh 8 - Central Pollution Control Board Through The Regional Director Registered Office At Vithal Market, Paryavaran Parisar E- 5 Arera Colony Bhopal Madhya Pradesh 9 - Chhattisgarh Environment Conservation Board Through Its Regional Officer Regional Office Bilaspur Near Pt. Deen Dayal Upadhyay Garden Vyapar Vihar Bilaspur (C.G.) 10 - Smt. Ritesh Chandra W/o Shri Devnarayan Chandra Age Not Known R/o Gram Jata Para, Bhothiya District - Sakti Chhattisgarh ... Respondents For Petitioner : Mr. Harshmander Rastogi, Advocate For State : Mr. Praveen Das, Dy. AG For Respondent No.7: Mr. A.A. Laxmidhar, Advocate on behalf of Mr. Ali Asgar, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/09/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 2 / 4 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 The Hon’ble Court may kindly be pleased to issue an appropriate writ and set aside the allotment of the establishment of a retail outlet dealership of Hindustan Petroleum Corporation Limited (HPCL) in Bhothiya, District Sakti, Chhattisgarh made in favor of the private respondent in Khasra No. 1106/2, 1106/3 and 1107/1, Village & Tehsil Bhothiya, District Sakti, Chhattisgarh. 10.2 The Hon’ble Court may kindly be pleased to direct the respondent authorities to decide the objections raised by the Petitioner vide objection letter dated 28/04/2025 (Annexure P/1). 10.3 The Hon’ble Court may kindly be pleased to grant any other relief, which is deemed fit in the circumstances of the case. 3. The instant petition has been filed being aggrieved with the grant of permission and issuance of No Objection Certificate (NOC) to the private respondents for the establishment of a retail outlet dealership of Hindustan Petroleum Corporation Limited (HPCL) in Bhothiya, District Sakti, Chhattisgarh. 4. The brief facts of the case as projected by the petitioner are that initially HPCL issued a Letter of Intent (LOI) to the private respondent for the proposed plot and was allotted in favour of the Private Respondent namely Smt. Ritesh Chandra for the Khasra No.1106/2, 1106/3 and 1107/1 situated in Village & Tehsil Bhothiya, District Sakti, C.G. The Respondent HPCL on the basis of said LOI 3 / 4 requested the NOC from the Collector, Sakti for the location of Petrol Pump in the said Khasra No.1106/2, 1106/3 and 1107/1. Pursuant to the said a Revenue Case was registered before the Court of SDM (R), Sakti, wherein after following the due procedure no objection from various departments and claims/objections were called from the general public. Thereafter, the petitioner came to know that the said land is a government land and a drainage system and community building has already been constructed on the adjacent government land as such the petitioner filed his objection, however, ignoring the same the order of providing no objection to the private respondent for the concerned usage of land was passed on 16/04/2025 by the SDO (R), Sakti. Hence this petition. 5. Learned counsel for the petitioner would contend that without deciding the objection dated 16/12/2024 (Annexure P/3) made by the petitioner, the the concerned SDO (R) has passed the order dated 16 April, 2025 which is against the law, therefore, the same deserves to be set aside. 6. Learned counsel for the State contended that the petitioner has suppressed some material facts that the petitioner has already been allotted a petrol pump which is operating in the village Bothiya and with some ulterior motive he has filed this petition. 7. Learned counsel for Respondent No.7 would contend that the petitioner has also challenged the LOI which has also been dismissed by the concerned authority. 4 / 4 8. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 9. On perusal of record, I have found that on 16th of April, 2025 the concerned SDO (R) has passed the order on the basis that the land bearing Khasra No.1107/1, 1106/2, 1106/3, area 0.214, 0.18 and 0.028 hectares situated at Village Bhothiya, Tehsil Bhothiya, District Sakti belongs to Respondent No.10 Ritesh Chandra and concerned SDO (R) granted permission and forwarded the same before the Collector for further proceedings and further on perusal of record I have found that the petitioner has not pleaded anything with respect to his petrol pump in village Bothiya in the name of M/s Maa Manika Dai Fuels KSK. 10. During the course of arguments learned counsel for the petitioner admitted the fact that the petitioner has not disclosed the above fact in the petition, therefore, this Court is of the considered view that the instant petition is defective one and there is no locus standi of the petitioner to challenge the order passed by the SDO (R). Accordingly, the instant petition is dismissed. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu