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Patna High Court
Sumit Kumar vs The State Of Bihar on 17 February, 2026
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18587 of 2025
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Sumit Kumar, s/o Jitendra Kumar, resident of village Surhari, P.O. Bhadeji,
P.S. Mufassil, Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Department of Transportation, Government of Bihar, Patna.
3. The District Transport Officer, Government of Bihar, Gaya.
4. The Secretary, Road Construction Department, Government of Bihar.
5. The Engineer-in-Chief, Road Construction Department, Government of
Bihar.
6. The Executive Engineer, Road Division - 1, Gaya.
7. The District Magistrate, Gaya.
8. Bharat Petroleum Corporation Ltd., through its Chairman, Bharat Bhawan, 4
and 6 Currimbhoy Road, Ballard Estate, P.O.-688, Mumbai.
9. The State Head, Bharat Petroleum Corporation Ltd., Ashiana Chamber, 3rd
Floor, Exhibition Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ankit Katriar, Adv.
For the Respondent/s : Mr. Government Pleader (5)
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 17-02-2026
Heard the learned counsel for the parties.
2. This writ petition has been filed for the following
relief(s):-
"1.1. Issuance of a writ in the nature of
a writ of certiorari or any other appropriate writ /
order / direction for quashing the impugned memo
no. 5649 dated 06.10.2025, by which the license
dated 25.07.2025 issued by the DTO, Gaya, for
storage and sale of petroleum products at the
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
2/10
Petitioner's Retail Outlet, has been suspended on
non-est grounds.
1.2. Issuance of a consequent writ in
the nature of a writ of mandamus or any other
appropriate writ/order/direction to the respondent
authorities to forthwith take all the requisite steps
for ensuring that the Petitioner's suspended
storage and sale license dated 25.07.2025, issued
by the DTO, Gaya, for storage and sale of
petroleum products at the Petitioner's Retail
Outlet, is immediately revived for making the
Petitioner's Retail Outlet operational inasmuch as
the Petitioner's Retail Outlet, despite having been
issued the Letter of Acceptance (LOA) in the year
2022, has still not been able to commence sale as
the same has been thwarted by the respondent
authorities, at the behest of vested interests, for
one non-est reason or the other.
1.3. For issuance of an interim order
directing stay of operation of the aforesaid
impugned memo no. 5649 dated 06.10.2025, by
which the Petitioner's license dated 25.07.2025
has been suspended by the DTO, Gaya and further
for directing that the Petitioner's RO becomes
operational during the pendency of the instant
matter."
3. Heard the learned counsel for the petitioner, counsel
for the respondent State as well as the counsel for the respondent
(BPCL).
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
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4. Learned counsel for the petitioner submits that
pursuant to the advertisement issued by the respondent- BPCL, the
petitioner has applied and has been selected as a RO dealer vide
appointment letter dated 30.07.2022. Thereafter, the other statutory
authorities gave the necessary permissions and no objection
certificates (NOC). When only the District Transport Officer, Gaya
was required to give sale license and the same was being delayed,
the petitioner approached this Court by way of C.W.J.C. No. 4524
of 2024 which was disposed of vide common order dated
23.01.2025
. The District Transport Officer, Gaya vide order dated
25.07.2025 has issued the sale license to the petitioner, thereafter,
the District Transport Officer vide memo no. 5649 dated
06.10.2025 has suspended the sale license granted to the petitioner.
The present writ petition is filed challenging the action of the
District Transport Officer, Gaya in suspending the sale license
granted on 25.07.2025. One of the reasons for issuance of the
impugned letter of suspension was on the premise that this Court
vide order dated 23.01.2025 has directed the petitioner to lay the
service road between the Retail Outlet of the petitioner established
and the retail outlet of the rival which is within a distance of less
than 300 mtrs. Learned counsel submits that the impugned order
passed by the District Transport Officer, Gaya dated 06.10.2025 is
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
per se illegal as the competent authority i.e. the Road Construction
Department, Government of Bihar has granted exemption from
laying of the service road between the two retail outlets. Learned
counsel submits that after this Court has passed a common order
dated 23.01.2025 in C.W.J.C. No. 14682 of 2023 and C.W.J.C. No.
4524 of 2024, the petitioner had made necessary application
seeking permission for construction of the service road. However,
the competent authority i.e. the Road Construction Department,
Government of Bihar vide order dated 20.06.2025 (Annexure-
P/21F) has granted exemption to the petitioner from constructing
any service road as the national highway was passing between the
two Retail Outlets (ROs). Learned counsel submits that once the
competent authority in its wisdom has passed the order exempting
the petitioner from laying of the service roads between the two
Retail Outlets, District Transport Officer, Gaya had no occasion to
pass the impugned order in the present writ petition and the same
is totally misplaced. Learned counsel submits that the District
Transport Officer, Gaya on the premise that the petitioner has
violated the common order dated 23.01.2025 passed by this Court
in C.W.J.C. No. 14682 of 2023 and C.W.J.C. No. 4524 of 2024 has
passed the impugned order. Learned counsel submits that there is
no violation of the order passed by this Court as the petitioner in
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
compliance of the common order dated 23.01.2025 passed by this
Hon'ble Court. This Court has made an application for the
construction of the service road between the two retail outlets,
however the competent authority in its wisdom has taken a
decision to grant exemption to the petitioner from constructing the
service road. The petitioner could not had constructed the service
road without any permission from the competent authority on the
strength of the High Court order dated 23.01.2025. Learned
counsel prays that Hon'ble High Court may be pleased to set aside
the impugned order dated 06.10.2025 passed by the District
Transport Officer, Gaya by allowing the present writ petition.
5. Per contra, the learned counsel appearing on behalf of
the respondent State has vehemently opposed the very
maintainability of the present writ petition. Learned counsel has
stated that this Court vide common order dated 23.01.2025 passed
in C.W.J.C. No. 4524 of 2024 and C.W.J.C. No. 14682 of 2023 has
directed the petitioner to construct the service road between the
two Retails Outlets and the said order was passed on the
undertaking given by the petitioner himself. That once the
petitioner has given an undertaking to this Hon'ble Court for
laying of a service road and this Court has passed the order
directing him to lay the service road, the question of the petitioner
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
turning back and rescinding from his undertaking cannot be
permitted. Learned counsel further submits that the sale license
which was given to the petitioner was a conditional one and as the
petitioner has violated the conditions, the authority had to suspend
the sale license granted to the petitioner on 25.07.2025. It was
further argued that the petitioner was obligated to lay the service
road between the two retail outlets and he cannot be allowed to
operate the retail outlets without laying the service road between
the two retail outlets. Learned counsel has, therefore, prayed this
Hon'ble Court to dismiss the present writ petition.
6. Learned counsel appearing on behalf of the
respondents- BPCL on the other hand submitted that the
respondent- BPCL has no objection if the impugned order dated
06.10.2025 is set aside as the same is passed by misreading the
common order of this Court. Learned counsel has stated that once
the competent authority i.e. the Road Construction Department,
State of Bihar has granted the exemption, the question of
suspending the license by the District Transport Officer, Gaya is
totally misplaced.
7. Admittedly, in the present case the petitioner has
approached this Court on the earlier occasion vide C.W.J.C. No.
4524 of 2024 and this Court vide common order dated 23.01.2025
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
passed in C.W.J.C. No. 14682 of 2023 and C.W.J.C. No. 4524 of
2024 has passed the following order:
"9. Having regard to the above, the present
writ petition is disposed of directing the 'Respondent No.
conditions imposed in the NOC issued. The Respondent
No. 8 shall not commence his operations till such time
the service road as mandated by clause 4.6.3 is provided.
The Respondent No. 8 shall endeavour to complete the
service road within a period of three months from the
date of the receipt of the copy of this order. Thereafter, he
shall intimate the Respondent-Corporation about the
laying of the service road, on such intimation the
authority shall inspect the site of the petitioner and
permit him to operate the retail outlet if the other
parameters and conditions are met."
8. That after the disposal of the above writ petition, the
petitioner has approached the competent authority i.e. the Road
Construction Department for laying the service road. However, the
authority in its wisdom has passed the order dated 20.06.2025
granting exemption to the petitioner from constructing the service
road between the two retail outlets. The authority was of the view
that the national highway is passing between the two Retail Outlets
and therefore there was no need for constructing the service road.
9. A perusal of the impugned order passed by the District
Transport Officer, Gaya dated 06.10.2025 (Annexure- P/23)
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
reveals that the District Transport Officer, Gaya vide order dated
25.07.2025 has granted the sale license in favour of the petitioner
and the same has been suspended solely on the ground that the
petitioner has violated the conditions of granting the license.
10. In the counter affidavit filed by the respondent State,
it is specifically averred that the petitioner having given an
undertaking to this Hon'ble Court that he will construct the service
road cannot take a U-turn and the same was in violation of the
orders passed by this Court.
11. This Court is of the opinion that the said stand taken
by the District Transport Officer, Gaya is totally misplaced and
contrary to the facts of this particular case. Admittedly in this case,
the petitioner has applied to the competent authority for
constructing the service road as per the direction of this Court
passed in C.W.J.C. No. 14682 of 2023 and C.W.J.C. No. 4524 of
2024 dated 23.01.2025. The Road Construction Department duly
taking into consideration the totality of the circumstances and also
the fact that the national highway was passing between the two
Retail Outlets has granted exemption to the petitioner from
constructing the service road. Once the competent authority has
granted the exemption from constructing the service road, the
question of petitioner violating the conditions of the license or the
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
orders of this Court dated 23.01.2025 does not arise. By no stretch
of imagination can it be said that the petitioner has violated the
orders of this Court. This Court duly taking into account the facts
of the case and also the undertaking given by the petitioner that he
is willing to construct the service road has passed the order
directing him to construct the service road but however it cannot
be construed that the construction of the service road can be done
without obtaining the necessary permission from the competent
authority. In this case, the competent authority has granted the
exemption when the petitioner has applied for constructing the
same. The common order dated 23.01.2025 passed in C.W.J.C.
No. 14682 of 2023 and C.W.J.C. No. 4524 of 2024 does not in
manner means that the petitioner can construct the service road on
his own without taking the necessary permission from the
competent court. Wherever permissions are granted by the Courts
to make any constructions, the same have to be necessarily done
only after obtaining the necessary permissions from the competent
court and in conforming with the existing building lawn.
12. Having regard to the above, the impugned order
dated 06.10.2025 passed by the District Transport Officer, Gaya is
set aside and the sale license of the petitioner dated 25.07.2025 is
restored. The respondent- BPCL is directed to see that the petrol
Patna High Court CWJC No.18587 of 2025 dt.17-02-2026
pump/ Retail Outlet is operational at the earliest preferably within
a period of four weeks from the date of receipt of the copy of this
order.
13. The present writ petition stands allowed to the extent
indicated above.
(A. Abhishek Reddy , J)
Gauravkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.02.2026
Transmission Date N/A
