Robert Prabhat Minz vs State Of Jharkhand And Ors

I.A. No. 11287 of 2019 in W.P.(C.) No. 3152 of 2019

The present interlocutory application has been filed by the petitioner seeking to add further prayer in the writ petition.

The petitioner appearing in-person submits that during the pendency of the present writ petition, the respondent no. 2 â€" the Deputy Commissioner,

Ranchi has issued letter no. 1389(II) dated 08.07.2019 cancelling No Objection Certificate (NOC) earlier granted to the petitioner in relation to the

petitioner’s petroleum retail outlet. The proposed prayer has been mentioned in paragraph-IA of the present interlocutory application.

Having heard the learned counsel for the parties and keeping in view that issuance of letter no. 1389(II) dated 08.07.2019 by the respondent no. 2 is

the subsequent development which has taken place during the pendency of the writ petition, the petitioner is permitted to add the proposed prayer as

mentioned in paragraph-IA in the writ petition.

Let necessary insertion in the cause title of the writ petition be made in course of the day.

I.A. No. 11287 of 2019 stands disposed of.

I.A. No. 6425 of 2019 in W.P.(C.) No. 3152 of 2019

In the present interlocutory application, the prayer of the petitioner, as stated in paragraph no. 1 of the same, is for directing the respondent no. 2 â€

the Deputy Commissioner, Ranchi to pass a reasoned order after considering the petitioner’s letter dated 26.06.2019 and the letter of the

respondent no. 3 (Hindustan Petroleum Corporation Ltd.) dated 09.07.2019.

Having heard the petitioner appearing in-person, the learned counsel for the State respondents and the learned counsel for the Hindustan Petroleum

Corporation Limited and considering the fact that No Objection Certificate (NOC) granted to the petitioner in connection with the petitioner’s

petroleum retail outlet has already been cancelled by the respondent no. 2 â€" the Deputy Commissioner, Ranchi vide letter no. 1389(II) dated

08.07.2019, the aforesaid prayer of the petitioner cannot be entertained.

I.A. No. 6425 of 2019 is accordingly dismissed.

I.A. No. 11346 of 2019 in W.P.(C.) No. 5524 of 2018

The petitioner appearing in-person prays for and is permitted to correct the year of filing of the present interlocutory application as 2019 in place of

2018.

The present interlocutory application has been filed by the petitioner seeking to add further prayers in the writ petition.

The petitioner appearing in-person submits that during the pendency of the present writ petition, the dispensing units of the petitioner’s petroleum

retail outlet has been sealed by the respondent no. 3 â€" the Ranchi Municipal Corporation (RMC). Hence, the proposed amendment as mentioned by

the petitioner in paragraph nos. 3 and 5 as well as the subsequent facts as mentioned in paragraph no. 4 of the present interlocutory application may be

allowed to be added in the writ petition.

Having heard the learned counsel for the parties and keeping in view that sealing of the dispensing units of the petitioner’s petroleum retail outlet

has been done during the pendency of the writ petition, the petitioner is permitted to add the proposed prayers as mentioned in paragraph nos. 3 and 5

as well as the subsequent facts as mentioned in paragraph no. 4 in the writ petition.

The petitioner is directed to file an amended writ petition [W.P.(C) No. 5224 of 2018] incorporating the said prayers and facts.

I.A. No. 11346 of 2019 stands disposed of.

I.A. No. 10437 of 2018 in W.P.(C.) No. 5524 of 2018

The present interlocutory application has been filed by the petitioner for adding the Secretary, Petroleum and Natural Gas Ministry, New Delhi and the

Secretary, Panchayati Raj Ministry, Government of India, as party respondents in the present writ petition.

Having heard the learned counsel for the parties and keeping in view the nature of the dispute raised by the petitioner in the present writ petition, I do

not find any requirement of adding the aforesaid authorities as party respondents in the writ petition for the present.

I.A. No. 10437 of 2018 stands dismissed.

I.A. No. 2105 of 2018 in W.P.(C.) No. 5524 of 2018

The present interlocutory application has been filed by the petitioner seeking amendment in the writ petition.

In view of the order passed in I.A. No. 11346 of 2019 in W.P.(C.) No. 5524 of 2018, no order is required to be passed in the present interlocutory

application. The same is accordingly disposed of.

I.A. No. 4327 of 2019 in W.P.(C.) No. 5524 of 2018

The present application has been filed by the applicants, who are the employees of Cosy Corner Fuel Centre, Nayatoli, Old H B Road, Ranchi,

seeking intervention in the present writ petition.

Having heard the petitioner appearing in-person, the learned counsel for the applicants (interveners), the learned counsel for the State and the learned

counsel for the Ranchi Municipal Corporation as well as keeping in view the nature and scope of the writ petition, I am not inclined to allow the

applicants to intervene in the present writ petition.

I.A. No. 4327 of 2019 is accordingly dismissed.

I.A. No. 9743 of 2018 in W.P.(C.) No. 5524 of 2018

The present interlocutory application has been filed by the petitioner seeking amendment in the writ petition.

In view of the order passed in I.A. No. 11346 of 2019 in W.P.(C.) No. 5524 of 2018, no order is required to be passed in the present interlocutory

application. The same is accordingly disposed of.

I.A. No. 4610 of 2019 in W.P.(C.) No. 5524 of 2018

The present interlocutory application has been filed by the petitioner seeking direction upon the respondent no. 3 â€" the Ranchi Municipal Corporation

(RMC) to remove the seals and allow the petitioner’s petroleum retail outlet to function till an alternative arrangement is made.

Having heard the learned counsel for the petitioner appearing in-person, the learned counsel for the State and the learned counsel for the Ranchi

Municipal Corporation and keeping in view that allowing the prayer made by the petitioner in the present interlocutory application will amount to

allowing the writ petition itself, I am not inclined to entertain the said prayer.

I.A. No. 4610 of 2019 is accordingly dismissed.

W.P.(C.) No. 3152 of 2019 With W.P.(C.) No. 5224 of 2018

The learned counsel for the State respondents and the Ranchi Municipal Corporation are directed to file respective counter affidavits to the amended

writ petition [W.P.(C) No. 5224 of 2018] before the next date.

Put up these cases under the heading “For Admissionâ€​ after four weeks.