PARIMAL BERA v. BHARAT PETROLEUM CORPORATION LIMITED (BPCL) AND ORS.
WPA/540/2025 · 2025-11-04
Reetobroto Kumar Mitra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65284 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65284 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
04.11.2025. 42 Ct.No.24. as
WPA 540 of 2025
Parimal Bera Vs. Bharat Petroleum Corporation Ltd. & Ors. Ms. Amrita Pandey, Mr. Ghanshyam Pandey, Mr. Supratim Ghose. …for the Petitioner. Mr. Sanjib Kr. Mal, Mr. Bimalendu Das, Ms. Shomrita Das. …for the respondent Nos.1, 2 & 3. 1. The petitioner alleges several derelictions of the mandate provided in the guidelines for grant of permission for construction of access to fuel stations. 2. The principal violations alleged are, inter alia, as follows:- a) Insufficiency of land bank; b) The successful tenderers suffers from an outright disqualification due to holding of licence as a ration shop holder; c) The location of the proposed petrol pump is merely 92.31 meters from the established pump of the petitioner. 3. The mandate under the guidelines, according to the petitioner, is a minimum distance of 300 meters. The said
2 representation made to the respondents on January 3, 2025 are pending response. 4. Mr. Mal appearing for the respondent Nos.1, 2 and 3 submits that the dispensing Company i.e. the respondent No.1 has already granted permission for establishment of the petrol pump after considering all requisites. He further submits that the distance as enshrined in the guidelines relates only to the stretches of national highway and the concerned petrol pump in the present matter is not situated on any national highway. However, since the matter has not yet been finally decided, as informed by Mr. Mal and is pending consideration before the District Magistrate, Jhargram, let this representation of January 3, 2025 along a copy of the writ petition and the annexures thereto, be furnished to the District Magistrate by the petitioner by 11th November, 2025. The District Magistrate, Jhargram is directed to consider the representation of January 3, 2025 upon giving a hearing to the petitioner and the respondents herein and pass a reasoned order thereafter within 14 days from the date of receipt of the representation or before he accords final approval to establish the petrol pump of the respondent No.4, whichever is earlier. 5. Let a copy of this order be served upon the District Magistrate, Jhargram who is directed to act in accordance with this order. 6. With this direction as aforestated, the writ petition is diposed of. 7. There will be no order as to costs. 3
8.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)