Bipasa Somim Alom vs Union Of India And 3 Ors
2022 Latest Caselaw 2102 Gua

                                                                Page No.# 1/10

GAHC010013292019




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/395/2019

         BIPASA SOMIM ALOM
         W/O NAZMUL HOQUE
         VILL- BHATIPARA, P.O. AND P.S. JOGIGHOPA,
         DIST. BONGAIGAON, ASSAM
         PIN - 783382.



         VERSUS

         UNION OF INDIA AND 3 ORS.
         REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND
         NATURAL GAS, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001.

         2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL
         GAS

          GOVT. OF INDIA
          SHASTRI BHAWAN NEW DELHI-110001.

         3:BHARAT PETROLEUM CORPORATION LTD.
          REP. BY THE TERRITORIAL MANAGER (RETAIL)

          GUWAHATI RETAIN TERRITORY OFFICE
         1ST FLOOR
          NEXIA PARK
          GMCH ROAD
          CHRISTIAN BASTI
          GUWAHATI KAMRUP METROPOLITAN DISTRICT
          PIN- 781005.

         4:INDIAN OIL CORPORATION LTD.
          REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3
          NOONMATI
                                                                    Page No.# 2/10

             GUWAHATI - 781020
             ASSAM

            5:MAHANTA BARMAN
             S/O LATE MONORANJAN BARMAN
            VILL. FOUJADAR
             DEWANPARA
             P.O.- SIDALSOTI
             P.S.- ABHAYAPURI
             DISTRICT- BONGAIGAON(ASSAM)
             PIN-78338

Advocate for the Petitioner   : MR. D DAS SR. ADV

Advocate for the Respondent : SC, I O C




             Linked Case : WP(C)/1078/2019

            M/S. SATYANARAYAN MOUR AND CO.
            A PARTNERSHIP FIRM HAVING ITS OFFICE AT BARPETA ROAD

            P.O. SIMLAGURI
             DIST. BARPETA
            ASSAM
             PIN- 781313
             REP. BY ITS PARTNER SRIKAMAL KUMAR MORE
            AGED ABOUT 50 YEARS
             RESIDING AT BARPETA ROAD

             WARD NO. 5
             DIST. BARPETA
             ASSAM.


             VERSUS

            UNION OF INDIA AND 3 ORS.
            REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND
            NATURAL GAS
            GOVT. OF INDIA
            SHASTRI BHAWNA
            NEW DELHI- 110001.
                                                                  Page No.# 3/10

2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL
GAS

GOVT. OF INDIA
SHASTRI BHAWNA
NEW DELHI- 110001.
3:BHARAT PETROLEUM CORPORATION LTD.
REP. BY THE TERRITORY MANAGER (RETAIL) GUWAHATI RETAIL
TERRITORIAL OFFICE 1ST FLOOR
NEXIA PARK
GMCH ROAD
CHRISTIAN BASTI
GUWAHATI
KAMRUP METROPOLITIAN DISTRICT
PIN - 781005.
4:INDIAN OIL CORPORATION LTD.
REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER

SECTOR-3
NOONMATI
GUWAHATI - 781020
ASSAM
------------

Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.

Linked Case : WP(C)/367/2019

KABITA DAS W/O GANESH CH. DAS VILL AND P.O. PATILADOHA DIST. BONGAIGAON ASSAM

PIN - 783391.

VERSUS

UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS

GOVT. OF INDIA

SHASRI BHAWAN Page No.# 4/10

NEW DELHI-110001.

2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NAURAL GAS

GOVT. OF INDIA

SHASTRI BHAWNA NEW DELHI-110001.

3:BHARAT PETROLEUM CORPORATION LTD. REP. BY THE TERRITORY MANAGER (RETAIL)

GUWAHATI RETAIL TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN - 781005.

4:THE INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3 NOONMATI GUWAHATI-781020 ASSAM

------------

Advocate for : MR. D DAS SR. ADV Advocate for : SC I O C appearing for UNION OF INDIA AND 3 ORS.

Linked Case : WP(C)/920/2019

M/S SATYANARAYAN MOUR AND CO. A PARTNERSHIP FIR HAVING ITS OFFICE AT BARPETA ROAD

P.O. SIMLAGURI DISTRICT- BARPETA ASSAM PIN - 781313 REP. BY ITS PARTNER SRI KAMAL KUMAR MORE AGED ABOUT 50 YEARS

RESIDING AT BARPETA ROAD

DIST. BARPETA Page No.# 5/10

ASSAM

VERSUS

UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT. OF INDIA

SHASTRI BHAWAN

NEW DELHI-110001.

2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS

GOVT. OF INDIA

SHASTRI BHAWAN

NEW DELHI- 110001.

3:HINDUSTAN PETROLEUM CORPORATION LTD. SECOND FLOOR JANAPATH H.D. COMPLEX G.S. ROAD

ULUBARI GUWAHATI - 781007.

4:INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER

SECTOR-3 NOONMATI GUWAHATI -781020 ASSAM.

------------

Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.

Linked Case : WP(C)/1065/2019

M/S. NAHAR AND SONS SERVICE STATION A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT LAHARIGHAT DIST.MORIGAON Page No.# 6/10

ASSAM PIN - 782127 REP. BY ITS SOLE PROPRIETOR MD. NAKIBUL HOQUE AGED ABOUT 41 YEARS RESIDING VILL- BORBARI LAHORIGHAT MORIGAON ASSAM.

VERSUS

UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NAURAL GAS GOVT. OF INDIA SHASTRI BHAWAN

NEW DELHI- 110001.

2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS

GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI- 110001.

3:BHARAT PETROLEUM CORPORATION LTD. REP. BY THE TERRITORY MANAGED (RETAIL) GUWAHATI RETAIL TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN - 781005.

4:INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR-3 NOONMATI GUWAHATI - 781020 ASSAM

------------

Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.

Linked Case : I.A.(Civil)/1118/2022

MAHANTA BARMAN Page No.# 7/10

S/O LATE MONORANJAN BARMAN VILL. FOUJDAR DEWANPARA PO- SIDALSOTI PS- ABHAYAPURI DIST. BONGAIGAON (ASSAM) PIN-783384

VERSUS

UNION OF INDIA AND 4 ORS REP. BY THE SECY. TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI-110001

2:THE UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT OF INDIA SHASTRI BHAWAN NEW DELHI-110001 3:THE BHARAT PETROLEUM CORPORATION LTD REP. BY THE TERRITORY MANAGER (RETAIL) GUWAHATI RETAIL TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN-781005 4:INDIAN OIL CORPORATION LTD REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER SECTOR 3 NOONMATI GUWAHATI-781020 (ASSAM) 5:BIPASA SOMIM ALOM W/O NAZMUL HOQUE R/O VILLAGE BHATIPARA PO AND PS JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783382

------------

Advocate for : MR. S A AHMED Advocate for : SC I O C appearing for UNION OF INDIA AND 4 ORS Page No.# 8/10

Linked Case : WP(C)/782/2019

HAFIZ IDRIS ALI AHMED S/O HAFIZUDDIN AHMED

R/O VILL AND P.O. KALGACHIA P.S. KALGACHIA DIST. BARPETA ASSAM PIN - 781319

PROPRIETOR OF M/S WAHIDA KISHAN SEVA KENDRA.

VERSUS

UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS GOVT. OF INDIA SHASTRI BHAWAN

NEW DELHI-110001.

2:UNDER SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS

GOVT. OF INDIA

SHASTRI BHAWAN

NEW DELHI- 110001.

3:BHARAT PEROLEUM CORPORATION LTD. REP. BY THE TERRITORY MANAGER (RETAIL)

GUWAHATI RETAIL TERRITORY OFFICE 1ST FLOOR NEXIA PARK GMCH ROAD

CHRISTIAN BASTI GUWAHATI KAMRUP METROPOLITAN DISTRICT PIN - 781005.

4:INDIAN OIL CORPORATION LTD. REP. BY THE CHIEF DIVISIONAL RETAIL SALES MANAGER Page No.# 9/10

SECTOR-3 NOONMATI GUWAHATI-781020 ASSAM.

------------

Advocate for : MR. D DAS SR. ADV Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 3 ORS.

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER 13.06.2022

Mr. D. Das, learned senior counsel assisted by Mr. R. Sarmah, learned

counsel appearing for the writ petitioners in this batch of writ petitions submits

that his clients are basically aggrieved on account of the fact that the

authorities are seeking to allot new petrol pumps in the vicinity of the petitioners'

retail outlets without properly exploring the feasibility of establishing additional

pumps in the same locality.

Responding to the above, Mr. S. Borthakur, learned Standing Counsel, BPCL

authorities submits that the company has thoroughly carried out a feasibility

exercise and the outcome of the same has been brought on record by filing

affidavit dated 07.01.2022 in WP(C) No.782/2019. It is also the submission of Mr.

Borthakur that the issue raised in this batch of writ petitions is squarely covered

by the judgment of this Court rendered in the case of Ganesh Chandra

Hazarika vs. State of Assam and others reported in AIR 1981 Gau 36 and

therefore, nothing survives for adjudication in this case.

Mr. S. A. Ahmed, learned counsel is present on behalf of respondent No.5 in Page No.# 10/10

WP(C) No.395/2019, Mr. P. Bharadwaj, learned counsel is present on behalf of

the IOCL authorities and Ms. J. Sarma is present on behalf of the Union of India.

Mr. Das submits that the copy of the affidavit dated 07.01.2022 is not available

in his record.

In view of the above and on the request of the learned senior counsel

appearing for the writ petitioners, these matters are directed to be listed again

on 20.07.2022 as fixed item.

An attempt would be made to dispose of the writ petitions on the next date

fixed. Alternately, it would also be open for the BPCL authorities to seek

modification of the interim order on suitable terms, if so advised.

Parties to exchange pleadings in the meantime, if so advised.

Interim order passed earlier to continue.

JUDGE

Comparing Assistant