Orissa High Court
Urmila Behera vs Chief General Manager on 1 February, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 02-Feb-2024 10:58:14
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 2057 of 2024
Urmila Behera .... Petitioner
Mr. Manoranjan Mohanty, Senior Advocate
being assisted by Ms. Subhasree Mohanty, Advocate
-versus-
Chief General Manager, Indian Oil .... Opp. Parties
Corporation Limited, Bhubaneswar
and another
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 01.02.2024
1. 1. This matter is taken up through hybrid mode.
2. Memo of Appearance of Mr. Mohanty, learned Senior Advocate filed in Court on behalf of the Petitioner is taken on record.
3. Petitioner in this writ petition prays for a direction to the authority under the Indian Oil Corporation Limited (IOCL) to consider the leasehold Plot No.404 under Khata No.172 situated in mouza Bhainsa in the district Balangir for establishment of Retail Outlet (Petrol Pump) pursuant to advertisement dated 28th June, 2023 (Annexure-1).
4. Mr. Mohnaty, learned Senior Advocate appearing for the Petitioner submits that pursuant to advertisement published by IOCL under Annexure-1, Petitioner submitted her candidature in respect of a Retail Outlet (Petrol Pump) in Balangir district. On drawl of lot, the Petitioner is found qualified to participate in the selection process (Annexure-11). The officials and staff of IOCL Page 1 of 3 Signature Not Verified // 2 // Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 02-Feb-2024 10:58:14 are scheduled to inspect the land offered by the Petitioner on 5th February, 2024 for establishment of the Retail Outlet. Petitioner has offered two plots for establishment of the said Retail Outlet (Petrol Pump). Out of those two plots, one is recorded in the name of her father, namely, Himansu Sekhar Behera and the second one is a leasehold plot. Petitioner has also submitted a lease deed along with other relevant documents sought to be verified by the authority. Since the Petitioner has offered her father's plot as first option, she apprehends that the leasehold plot offered by her as alternate site may not be considered for establishment of the Retail Outlet.
4.1 It is his submission that the leasehold plot is better placed for establishment of the Retail Outlet. Hence, Mr. Mohanty, learned Senior Advocate submits that while conducting field visit/inspection for selection of the site, both the plots may be taken into consideration by the authority.
5. Taking note of the submission of Mr. Mohanty, learned Senior Advocate and on perusal of record, it appears that the Petitioner has offered two plots for establishment of the Retail Outlet, one being recorded in the name of her father and the second one is a leasehold plot. Petitioner appears to have submitted documents in respect of both the plots. It is the submission of Mr. Mohanty, learned Senior Advocate that the leasehold plot is better placed for establishment of the Retail Outlet (petrol pump). This writ petition is filed apprehending that the authority visiting the field for selection of the site may not Page 2 of 3 Signature Not Verified // 3 // Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 02-Feb-2024 10:58:14 consider the second plot (lease hold), as it is the alternate site offered by the Petitioner.
6. Upon submission of Mr. Mohanty, Senior Advocate and on perusal of record, this Court finds that apprehension of the Petitioner may not be correct. When the Petitioner offered two plots for establishment of Retail Outlet pursuant to advertisement under Annexure-1, both the plots offered by the Petitioner should be taken into consideration while selecting the suitable site. The Petitioner may assist the staff/officer of the IOCL visiting the spot for selection of site on the scheduled date. If the leasehold plot is found to be better placed for establishment of the Retail Outlet from commercial point of view, it is obvious that the Officer/staff of IOCL may select the said plot.
7. With the aforesaid observation, the writ petition is disposed of.
Issue urgent certified copy of the order on proper application.
(K.R. Mohapatra) Judge s.s.satapathy Page 3 of 3