1 2026:CGHC:19263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2000 of 2026 1 - Ramesh Baghel S/o Chhankulal Baghel Aged About 47 Years R/o Proprietor M/s Chandrapur Filling Village Barhaguda Station Tahsil Dabhra District- Sakti (C.G.) 2 - Madhav Patel S/o Namdhari Patel Aged About 48 Years R/o Latesara Tahsil Dabhra District- Sakti (C.G.) Proprietor Madhav Fuels Village- Latesara Chandrapur, Tahsil Dabhra District- Sakti (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Collector Sakti, District- Sakti (C.G.) 2 - Collector Office Sakti Through Food Department Sakti, District- Sakti (C.G.) 3 - Sub-Divisional Officer (Diversion) Dabhra Tahsil Dabhra, District- Sakti (C.G.) 4 - Chief Engineer Public Works Department, (National Highway) Raipur (C.G.) 5 - Hindustan Petroleum Corporation Ltd. Through The Regional Manager (Retail) Bilaspur, Regional Office, Bajpai Pavilion, First Floor Vyapar Vihar Main Road Bilaspur (C.G.) - 495001. 6 - Hindustan Petroleum Corporation Ltd. Through The Deputy General Manager (Retail) Bilaspur, Regional Office, Bajpai Pavilion, First Floor Vyapar Vihar Main Road Bilaspur (C.G.) - 495001. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 7 - Hindustan Petroleum Corporation Ltd. Through The Sales Officer, Sales Area - Raigarh (C.G.) Regional Office, Bajpai Pavilion, First Floor Vyapar Vihar Main Road Bilaspur (C.G.) - 495001. 8 - Buddheshwar Kumar Patel S/o Sonendra Kumar Patel Aged About 45 Years R/o Village- Mirauni Tahsil- Dabhra, District - Sakti (C.G.) 9 - D.B. Power Generation Company Limited Through Is Manager Director Village Badadarha Tahsil Dabhra, District- Sakti (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Devendra Patel, Advocate For State :- Mr. Shreyansh Mehta, P.L. For Respondents No. 5 to 7 :- Mr. Sourabh Sharma, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.04.2026 1. By way of the present writ petition filed under Article 226 of the Constitution of India, the petitioners have approached this Court seeking a direction to the respondent authorities, particularly the Collector, District Sakti, to consider and decide their representation dated 12.02.2026 wherein objections have been raised against the proposed establishment of a retail outlet (petrol pump) by Respondent No. 8. 2. The case of the petitioners, in brief, is that they are already operating retail outlets of petroleum products in the nearby area under dealership of Hindustan Petroleum Corporation Ltd. It is 3 contended that Respondent No. 8 has been granted allotment for establishment of a new retail outlet in the vicinity. According to the petitioners, the proposed site is in violation of the provisions of the Chhattisgarh Diversion of Land Rules, 1962 (as amended), particularly Rule 14(5), which restricts diversion of land for commercial purposes within a specified radius of underground pipelines. The petitioners claim to have submitted a detailed representation before the Collector on 12.02.2026 raising objections to the proposed allotment; however, the same has not been decided till date. 3. Following reliefs have been prayed by way of this petition:- “10.1 That, it is prayed that the Hon'ble Court may kindly be pleased to call for the entire records of the case and peruse the relevant records with regard to the issuance of NOC to the respondent no.8 herein from the concerned department. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent no.1- i.e. Collector Sakti to decide the representation given by the petitioners herein on 12.02.2026 considering the representation as per the relevant rules as amended and notified on 23.12.2011 in the state of Chhattisgarh diversion of land rules 1962 whereby as per rule 14(5) no diversion of land would be permitted for commercial purpose of the land falling within the radius of 50 meters of 4 boundaries of the right of way of underground pipeline of all companies are prohibited for diversion. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief or reliefs including cost of the petition to the petitioners which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case in the interest of justice.” 4. Learned counsel for the petitioners submits that a third party has been granted allotment for establishment of a petrol pump without following due process of law and in violation of the applicable statutory provisions. It is further submitted that the petitioners have already submitted a representation before the competent authority raising all relevant objections and at this stage, the petitioners would be satisfied if a direction is issued to the concerned Collector to consider and decide the said representation in accordance with law. 5. Learned State counsel raises formal objection with regard to maintainability of the writ petition. However, it is fairly submitted that if any representation has been submitted by the petitioners before the competent authority, the same shall be considered and decided in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 5 7. on perusal of the record, this Court is of the considered view that the grievance of the petitioners pertains to non-consideration of their representation by the competent authority. Without expressing any opinion on the merits of the case, it would be appropriate to direct the competent authority to consider and decide the representation submitted by the petitioners in accordance with law. 8. Accordingly, the writ petition is disposed of with a direction to the Collector, District Sakti (Respondent No. 1), to consider and decide the representation dated 12.02.2026 submitted by the petitioners within a stipulated time period. 9. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority shall decide the matter independently in accordance with law. sd/- (Amitendra Kishore Prasad) Judge Vishakha