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Judgment
E.S. Indiresh, J
Learned High Court Government Pleader accepts notice for respondent Nos.1 and 3. Sri.Krupa Sagar Patil, learned counsel has entered caveat for respondent No.2. Sri.Amresh S. Roja, learned counsel accepts notice for respondent No.4
In this writ petition, the petitioner has sought for quashing the order dated 06.06.2023 passed by respondent No.3 (Annexure-F) dismissing the appeal preferred by the petitioner, by directing the petitioner to shift the petroleum products from the disputed land said to have been belonged to respondent No.2 herein.
Heard Sri Ameet Kumar Deshpande, learned senior counsel appearing on behalf of Sri.Ganesh S.Kalburgi, for the petitioner, Sri.Gopalkrishna B. Yadav, learned High Court Government Pleader appearing for respondent Nos.1 and 3, Sri.Krupa Sagar Patil, learned counsel appearing for caveator/respondent No.2 and Sri.Amresh S. Roja, learned counsel appearing for respondent No.4.
Sri.Ameet Kumar Deshpande, learned senior counsel appearing for the petitioner invited the attention of the Court to the fallacy in the order passed by respondent No.3 and submitted that Rule 150 of the Petroleum Rules 2002, provides for the district authorities or the competent authority to cancel the NOC issued in favour of the owner of the outlet and not to any other authority. He further argued that the petitioner is carrying on business of retail outlet of petroleum products from nearly three decades and therefore, if the impugned order is given effect to, the same would affect not only the interest of the petitioner but also the employees of the concerned and therefore, he sought for short accommodation to take necessary steps to sell the petroleum products.
The said submission was opposed by learned counsel appearing for respondent No.2 being the owner of the property in question.
Pursuant to the query made by the Court, the learned senior counsel submitted that the petitioner herein is ready to sell the petroleum products on or before 10.10.2023 and in this regard, the petitioner is ready to file undertaking before this Court.
In that view of the matter, as the petitioner is willing to take necessary steps to sell the petroleum products in the land belonging to respondent No.2 and taking into account the averments made in the writ petition and in the ends of justice, the petitioner is permitted to sell the petroleum products till 10.10.2023.
It is also made clear that learned counsel appearing for respondent No.4 herein shall intimate respondent Nos.1 and 3 with regard to the order passed by this Court allowing the petitioner to sell the petroleum products till 10.10.2023. There shall be no impediment for respondent No.4 to allow the petitioner to sell the petroleum products and in this regard, the petitioner need not approach respondent No.4 for any other clarification.
In view of granting of a months’ time to the petitioner to sell the petroleum products, it is open for the petitioner to sell the same from today onwards.
With the above observations, the writ petition is disposed of.