Sayada Morjina Khatun vs Indian Oil Corporation Ltd And 8 Ors
2025 Latest Caselaw 2338 Gua

Gauhati High Court

Sayada Morjina Khatun vs Indian Oil Corporation Ltd And 8 Ors on 27 January, 2025

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GAHC010111562023




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

                          Case No. : WP(C)/3015/2023

         SAYADA MORJINA KHATUN
         W/O MEHBUB ALAM, R/O H. NO. 201 (B), VILL-NO. 2 RAJAPUKHURI GAON
         (URIAMGHAT), P.O.-URIAMGHAT, ASSAM, PIN-785601



         VERSUS

         INDIAN OIL CORPORATION LTD AND 8 ORS
         REPRESENTED BY ITS GENERAL MANAGER, NORTH EAST INTEGRATED
         STATE OFFICE, EAST POINT TOWER, BAMUNIMAIDAM, GUWAHATI-21

         2:THE CHIEF GENERAL MANAGER (LPG)
          INDIA OIL CORPORATION LTD.
         ASSAM OIL DIVISION
          DIGBOI
          DIST-TINSUKIA
         ASSAM
          PIN-786171

         3:DIVISIONAL LPG HEAD
         TINSUKIA INDANE DIVISIONAL OFFICE
          INDIAN OIL - AOD
          INDIAN OIL CORPORATION LTD. SRIPURIA ROAD
         TINSUKIA
         ASSAM
          PIN-786125

         4:THE DEPUTY COMMISSIONER
          GOLAGHAT
         ASSAM
          PIN-785621

         5:THE ADDITIONAL DEPUTY COMMISSIONER (ADMN)
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             GOLAGHAT
             ASSAM
             PIN-785621

            6:THE ADDITIONAL DEPUTY COMMISSIONER
             I/C DHANSIRI SUB DIVISION
             SARUPATHAR
             DIST-GOLAGHAT
            ASSAM
             PIN-785601

            7:THE CIRCLE OFFICER
             SARUPATHAR REVENUE CIRCLE
             SARUPATHAR
             DIST-GOLAGHAT
            ASSAM
             PIN-785601

            8:BORDER MAGISTRATE
             OFFICE OF THE SUB-DIVISIONAL OFFICER (CIVIL)
             DHANSIRI
             SARUPATHAR
             DIST-GOLAGHAT
            ASSAM
             PIN-785601

            9:THE DIVISIONAL FOREST OFFICER
             GOLAGHAT FOREST DIVISION
             GOLAGHAT
            ASSAM
             PIN-78562

Advocate for the Petitioner   : MR. N J KHATANIAR, P BORAH

Advocate for the Respondent : SC, I O C, SC, FOREST,GA, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                         ORDER

Date : 27.01.2025

Mr. N. J. Khataniar, learned Counsel for the petitioner, submits that the original plot of land as offered by the petitioner for setting up of the LPG Page No.# 3/4

Distributorship having being found to be unsuitable by the respondent IOCL, she had offered an alternative plot of land which is under her occupation but falls within a forest area.

Mr. Sarma, learned Counsel for the respondent has submitted that the petitioner not having been able to provide an alternative land with clear title and or clear right of possession, the respondent authorities had proceeded to cancel the candidature of the petitioner herein.

Mr. D. Gogoi, learned Standing Counsel, Forest Department, by placing reliance on a decision of this Co-ordinate Bench of this Court dated 07.04.2022, in WP(C) No. 7124/2018, submits that the forest department insofar as,a forest village is concerned do not permit issuance of patta's beyond a period of 1 (one) year.

In view of the above position, even if the respondent authorities more particularly the Revenue Authorities and the Forest Authorities proceed to issue 'NOC' to the petitioner to establish an LPG Distributorship in the alternative land offered by her it is to be examined if the same would not satisfy the criteria's as set out in the guidelines holding the field.

In view of the above position Mr. N. J. Khataniar, learned Counsel for the petitioner submits that he be given 2 (Two) days time to peruse the Judgment and Order dated 07.04.2022, passed by the Co-ordinate Bench of this Court in WP(C) No.7124/2018 and make his submission in the matter.

In view of the above position, the hearing of the writ petition is adjourned till 30.01.2025.

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JUDGE

Comparing Assistant