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2002 Supreme(Ori) 591

P.K.BALASUBRAMANYAN, A.S.NAIDU
SATYANARAYAN AGRAWAL AND BHARAT PETROLEUM CORPORATION LIMITED – Appellant
Versus
ANGURI DEVI – Respondent


Advocates Appeared:
J. Patnaik, A.A. Das, B. Mohanty, T.K. Patnaik, B.K. Nayak, S. Das and P.K. Naik for OJC No. 3970/2002 and S. Udgata, for OJC No. 3987/2002, for the Appellant; B.P. Ray, S. Pujari, P.K. Patnaik, B. Sahoo and J.A. Reddy, for the Respondent

JUDGMENT :

A.S. Naidu, J. - The petitioners in OJC No. 3970 of 2002, the partners of M/s. Auto Feed, a firm engaged in the business of sale of petrol, diesel and lubricants under a Dispensing Pump and Selling Licence of M/s. Bharat Petroleum Corporation Ltd. from its retail outlet at Uditnagar, Rourkela, seek to challenge the order dated January 14, 1999 (Annexure-5), passed by the Additional District Magistrate, Sundargarh (Opposite party No. 2), cancelling the "No Objection Certificate" on the strength of which the Chief Controller of Explosives, East Circle, Calcutta issued licence bearing No. OR-922 of February 27, 1970 in favour of one Kishanlal Agrawal, the predecessor-in-interest of the petitioners, as well as the order Annexure-6 passed by the Revenue Divisional Commissioner (Northern Division), Orissa, Sambalpur in Misc. Appeal No. 2 of 1999 confirming the order of cancellation, vide Annexure-5.

2. Bereft of all unnecessary details, the short facts which are necessary for effectual adjudication of the cases are stated hereinbelow :

Late Satyanarayan Agrawal was the original owner of the land appertaining to Plot No. 426, Khata No. 168(A), Holding No. 656 situated within Rourk



















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