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2008 Supreme(Ori) 737

SANJU PANDA, I.M.QUDDUSI
DAYAMAYEE PANDA – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
S.P. Mishra, S. Dash, S. Mishra, S. Nanda, P. Sahu and B.S. Panigrahi, for the Appellant; S.C. Samantaray Central Govt. Counsel for Opposite Party No. 1, U.C. Behera, P. Dutta for Opposite Party No. 4, G. Mukherji, A.C. Panda, S. Patra and S.R. Patra for Opposite Party No. 5, for the Respondent

JUDGMENT :

I.M. Quddusi, J. - Both the writ petitions being inter-linked filed by the same Petitioner, they were heard together and are disposed of by this common judgment.

2. In W.P.(C) No. 3928 of 2006, the Petitioner has prayed for quashing of the impugned order vide Annexure-6 and the No Objection Certificate vide Annexure-7 with a direction to opposite party No. 2 to reject the prayer of opposite party No. 5 to set up its petrol pump/retail outlet at the proposed site.

3. The brief facts of the case are that the Hindustan Petroleum Corporation Limited (in short 'HPCL') has allotted its dealership to the Petitioner in the name and style of M/s. Shree Abhiram Service Station at Olipatna under Khantapara Police Station in the district of Balasore. According to the averments made in the writ petition, the Petitioner obtained necessary license and No Objection Certificate (in short 'NOC') from the competent authorities and fulfilled necessary requirements as per the Rule 117 of the Petroleum Rules and the retail outlet started its functioning with effect from 24.1.2005.

4. The opposite party No. 5 is a registered company under the Companies Act and it deals with various products and re















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