M/S Pande Petroleum Through Its ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 11685 Bom

                                                         WP No.9255/2021
                                       1

                    IN THE HIGH COURT AT BOMBAY
                 APPELLATE SIDE, BENCH AT AURANGABAD

                    925 WRIT PETITION NO.9255 OF 2021

        M/S PANDE PETROLEUM THROUGH ITS PROPRIETORY
                    DEVIPRASAD CHUNNILAL PANDE
                                  VERSUS
             THE STATE OF MAHARASHTRA AND OTHERS
                                      ...
      Advocate for Petitioners : Mr. Sanjeeva Deshpande h/f. Mr. S.S.
                    Deshpande and Pramod Gaikwad
                AGP for Respondents : Mr. S.W. Mundhe
           Advocate for Respondents 4 & 5 : Mr. A.D. Wange
                                      ...
                            CORAM : S.V. GANGAPURWALA &
                                          R.N. LADDHA, JJ.

DATED : 24/08/2021.

PER COURT :

. No objection certificate issued to the petitioner by the Collector in the year 2010 under the Petroleum Act is cancelled under the impugned order.

2. One of the contentions of Mr. Deshpande, learned advocate for the petitioner is that the Collector does not have jurisdiction under Rule 150 of the Petroleum Rules to cancel the no objection certificate only except on the ground that licensee has ceased the right to use the site for storing the petroleum. The learned advocate relied on the judgment of the Apex Court in case of Yogesh Kumar Vs. Bharat Petroleum Corporation Limited, 1990 AIR (SC) 2010.

WP No.9255/2021

3. Prima facie, we may observe that if license is issued on the basis of forged document and/or suppression of fact and/or fraud, then the restrictive interpretation to cancel the license may not be given to Rule 150. In case of Yogesh Kumar (Supra), the Apex Court was not called upon to examine the said position.

4. The learned advocate for the petitioner further submits that at the time of issuance of no objection certificate, the petitioner had not suppressed any facts. The petitioner is running it's petroleum business for more than 10 years. The petitioner is the licensee under the relevant Act and Rules.

5. Mr. Wange, learned counsel submits that he has filed caveat on behalf of respondent No. 5. He can also appear for respondent No. 5.

6. Issue notice to the respondents, returnable on 23 rd of September 2021. The learned A.G.P. waives notice for respondent Nos. 1 and 2. Mr. Wange, learned advocate waives notice for respondent Nos. 4 and 5. Hamdast allowed.

7. Till then statusquo as on today be maintained.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/