Patna High Court
Kumari Deeplata vs The State Of Bihar on 24 June, 2025
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1000 of 2025
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Kumari Deeplata W/o Rupesh Kumar, R/o Ward No. 37 Mohalla-Ismail Ganj
near Light House Cinema, P.O. and P.S.-Laheriasarai, District-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary cum Principal
Secretary Road Construction Department, Govt. of Bihar, Vishwasharaiya
Bhawan, J.L. Nehru Road (Belliey Road), Patna.
2. The Chief Engineer, North, Road Construction Department, Bihar, Patna.
3. The Collector, Darbhanga.
4. The Senior Deputy Collector, In-charge General Section, Darbhanga.
5. The Superintending Engineer, Road Construction Department, Road Circle,
Darbhanga.
6. The Executive Engineer, Road Construction Department, Road Division,
Darbhanga.
7. Assistant Engineer Road Construction Department, Road Sub-Division No.
1, Darbhanga.
8. The Regional Manager, Bharat Petroleum Corporation Limited, Sherpur
Narayanpur Anant, Near Railway Station Muzaffarpur NH-28, P.O.-MIC
Bela, Muzaffarpur-842005.
9. The Territory Manager (Retail) Bharat Petroleum Corporation Limited,
Sherpur Narayanpur Anant, Near Railway Station NH-28, P.O.-MIC Bela,
Muzaffarpur.
10. The Manager Engineering (Retail), Bharat Petroleum Corporation Limited,
Sherpur Narayanpur Anant, Near Railway Station NH-28, P.O.-MIC Bela,
Muzaffarpur.
11. The Sales Officer (Retail) Bharat Petroleum Corporation Limited,
Darbhanga, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar Manoj
For the Respondent/s : Mr. Kameshwar Kumar, Government Pleader (17)
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 24-06-2025
Heard the learned counsel for the parties.
The present writ petition has been filed for the following
relief(s):-
Patna High Court CWJC No.1000 of 2025 dt.24-06-2025
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"That this application is being filed for
issuance of appropriate writ/writs for setting aside the
letter no.- 603 Anu. dt. 08.04.2024 and letter no. 2006
Anu. dt 28.10.2024 issued by Respondent no. 2 where
wrongly the objection raised without any basis only
with a view to harass the petitioner whereas the
earlier single issue of merely distance between two
fuel station however several objection was made one
after the another whereas petitioner always tried to
meet the query of the department (Anneuxre- P8)
whereas without any spot enwuiry respondent no. -2
raised the objection and further direction to
respondents no. 3 and 4 to give No Objection
certificate to petitioner whereas all the formalities had
been completed by the petitioner has already the letter
of intent (Annexure- P3) has been issued by
Respondent no. -9 for opening and establishing retail
outlet in Mauza Ismailganj, P.S-Laheriasarai, District-
Darbhanga pertains to Khata no 3333, Khesra No.-
26589, 26609, 26610, 26611."
3. It is the case of the petitioner that pursuant to the
advertisement issued by the respondents Corporation, the
petitioner has applied for allotment of the retail outlet dealership of
Bharat Petroleum Corporation Limited in Mauza-Ismailganj, P.S-
Laheriasarai, District-Darbhanga. That the petitioner has made the
application along with all the requisite documents. That the
petitioner has applied for 'No Objection Certificate' (NOC) from
the Land Revenue Department and other Departments and the No
Objection Certificate has been given by the above departments,
except the Road Construction Department. It is stated that the
Respondent No. 4 herein has raised a query with the Respondent
No. 5 stating that the distance between the proposed petrol pump
Patna High Court CWJC No.1000 of 2025 dt.24-06-2025
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of the petitioner and the existing petrol pump is less than 190 mtrs.
which is contrary to the IRC:12-2009. Learned counsel has stated
that the Indian Road Corporation (IRC) norms are not statutory in
nature, and therefore, the reliance placed by the authorities on the
said IRS norms is without any legal basis. Further, learned counsel
has stated that this Hon'ble Court vide order dated 15.02.2023
passed in C.W.J.C. No. 6111 of 2019 has already held that the
guidelines framed by the IRC are not statutory in nature and
cannot be enforced. Though the petitioner has submitted the
necessary clarification, the authority has not issued the No
Objection Certificate in favour of the petitioner and passed the
impugned order which is challenged in the present CWJC.
4. Per Contra, the learned counsel appearing on behalf
of the respondents State has stated that as per the IRC norms the
distance between the two petrol pumps should not be less than 300
mtrs., whereas in the present case the distance between the
proposed petrol retail outlet and that of the existing petrol retail
outlet is only 190 mtrs., therefore, the authority could not grant the
No Objection Certificate. Counsel has stated that the orders have
been passed by the authority strictly in consonance with the
guidelines issued by the IRC and therefore, require no
interference.
Patna High Court CWJC No.1000 of 2025 dt.24-06-2025
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5. It is pertinent to note that in this particular case the
advertisement was issued on 25.11.2018 and the petitioner has
been selected and his application approved vide letter of intent
(LOI) dated 25.11.2020. Further, in the counter-affidavit filed by
the respondents at Para No. 7, it is stated that the Ministry of Road
Transport and Highways, Goverment of India has issued
guidelines on 26.06.2020 whereunder, the guidelines relating to
'Location Norms on Rural stretches of National Highways' and
'Location Norms of Urban Mountainous stretches of National
Highways' was issued in the meeting dated 15.07.2022. The
Departmental Tender Committee of Road Construction
Department, Bihar resolved to adopt the same. At Para No. 23 of
the counter-affidavit, it is further stated that under Letter No. 1585
dated 06.09.2024, the Chief Engineer, North, Road Construction
Department, Bihar, Patna has rejected the proposal of issuance of
NOC on account of following shortcomings;-
i. Distance of nearest fuel station was
found 190 meter which was against the
parameter fixed under Departmental letter no.
80 (E) dated 04/01/2024.
ii. Distance of Buffer Strip from Road
Centerline was shown as 6.5 meter whereas it
should have been 12 meter as per IRC-12
Norms. Further, distance of ROW from
Centerline has been shown as 12 meter which
does not tally with site map.
iii. Length of Buffer Strip has been
shown as 12 meter and length of Entry & Exit
Patna High Court CWJC No.1000 of 2025 dt.24-06-2025
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has been shown as 4-4 meter which is not in
compliance of IRC-12 Norms.
iv. Breadth of Buffer Strip has been
shown as 1 meter whereas it should have been
3 meter as per IRC Norms.
v. Provision of separate toilet for ladies
and gents has not been made in the site map.
6. The other departments i.e. namely Land Revenue
Department, Fire Brigade Department, Safety and Security
Department have already given No Objection Certificate for
opening of the present outlet except the Road Construction
Department.
7. The main ground taken by the authorities is that as per
the IRC:12-2009 norms the distance between two outlets should be
300 mtrs. whereas in the present case the distance between the
proposed outlet and that of the existing outlet is only 190 mtrs.
8. This Court in C.W.J.C. No. 6111 of 2019 dated
15.02.2023
has held as under :
10. In my considered opinion, the
guidelines framed by the Indian Road Congress
are not at all statutory guidelines and it cannot
be enforced by this Court under Article 226 of
the Constitution of India.
11. This Court has no alternative
than to quash the letter contained in Memo No.
3017 dated 23.10.2018. The Respondent No. 6-
The Chief Engineer (Mechanical), South Bihar,
Road Construction Department, is directed to
forthwith issue 'No Objection Certificate' to
the Indian Oil Corporation Limited.
12. It is made clear that as this
Court had held guidelines issued by the Indian
Road Congress don't have any statutory force,
the Respondent No. 6- The Chief Engineer
Patna High Court CWJC No.1000 of 2025 dt.24-06-2025
(Mechanical), Sough Bihar, Road Construction
Department, must not delay the matter in
issuing 'No Objection' to the petitioner/ Oil
Company."
9. Further, it is to be noted that the advertisement in this
particular case was issued on 25.11.2018 whereas the guidelines
issued by the Ministry of Road Transport and Highways are dated
26.06.2020, the guidelines even if held to be valid cannot operate
retrospectively and, therefore, the reliance placed by the
authorities for rejecting the NOC of the petitioner is legally not
permissible.
10. Having regard to the same, the letter no.- 608 Anu.
dated 08.04.2024 and letter no. 2006 Anu. dated 28.10.2024 are set
aside and the authorities are directed to issue the No Objection
Certificate to the petitioner as expeditiously as possible preferably
within a period of four weeks from the date of receipt of the copy
of this order.
11. The present writ petition stands allowed to the extent
indicated.
(A. Abhishek Reddy, J)
Ayush/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.06.2025.
Transmission Date NA
