S.K.MISHRA
Indian Oil Corporation Ltd. Represented through its Senior Divisional Retail Sales Manager – Appellant
Versus
Collector & District Magistrate, Jajpur – Respondent
JUDGMENT :
S.K.Mishra, J.
This judgment arises out of two writ petitions, which were heard together today. In the earlier writ petition being W.P.(C) No.7336 of 2016, the petitioner-Rabinarayan Swain, being a dealer for retail outlet of Hindustan Petroleum Corporation, operating in the name and style of “Swarnalata Filling Station”, has prayed that appropriate order be passed directing the Collector, Jajpur, opposite party no.2, not to issue the No Objection Certificate or permission or not to proceed further to open retail outlet in Village Byree under Darpan Tahasil in the district of Jajpur under Khata No.1268/278 (Old Khata N.523) Plot No.2252 and 2253 in favour of any person on the ground that it violates the resolutions of the Indian Road Congress. An interim order was passed in his favour on 5.5.2016.
In the later case, the Indian Oil Corporation Ltd.(hereinafter referred to as the “IOCL” for brevity) has prayed in W.P.(C) No.6786 of 2017 seeking a mandamus against the opposite parties, more particularly against opposite party nos.1 and 2 for quashing Annexure-8 through which the opposite party nos.1 and 2 cancelled the NOC granted in favour of the petitioner company.
2. The fac
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