The main legal point established in the judgment is that the consent of the landowner is crucial for granting and renewing the Explosive Licence under the Petroleum Rules, and the possession of the tenant over the leasehold must have a legal foundation.

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 Rourkela N.A.C. He leased out the said land in favour of Kishanlal Agrawal and accorded his written consent on January 5, 1970 for establishment of a petrol pump and further agreed not to cancel the lease or withdraw his consent till the petrol pump would run on the said plot by the lessee or his transferees. On the basis of such consent, the District Author-ity on January 31, 1970 granted "No Objection Certificate" under the Petroleum Rules for installation of a petrol pump-over the leasehold. On February 26, 1970, Kishanlal Agrawal entered into a partnership with petitioner No. 1 Satyanarayan Agrawal for running of the petrol pump in the name and style of M/s. Auto Feed and the said partnership firm continued to pay the rent for the leasehold to Satyanarayan Agrawal, the original owner. On the basis of the "No Objection Certificate" issued by the District authority on February 27, 1970, Explosive Licence was granted by the Deputy Chief Controller of Explosives, Calcutta under the Petroleum Rules in favour of Kishanlal Agrawal for storage of Petroleum Products, vide Annexure-3.

While matters stood thus, in the year 1981, Smt. Anguri Devi, Opposite Party No. 1, and one Smt. Bhagabati Devi purchased the leasehold land in two different parts from Satyanarayan Agrawal and continued to receive rent from the firm M/s. Auto Feed. In January, 1986, with the consent of Kishanlal Agrawal, the Explosive Licence was transferred in favour of the firm M/s. Auto Feed in consonance with Rule 157 of the Petroleum Rules. In July, 1985, Kishanlal Agrawal retired from the partnership of M/s. Auto Feed and Smt. Anguri Devi, Smt. Bhagabati Devi and one Subas Kumar were inducted as partners apart from petitioner No. 1. In February, 1988, a Dispensing Pump and Selling Licence Agreement was executed between M/s. Bharat Petroleum Corporation Ltd. and Satyanarayan Agrawal (Petitioner No. 1) and Ajay Kumar Agrawal (Petitioner No. 2), representing the firm M/s. Auto Feed, vide Annexure-1. In April, 1998 a fresh partnership deed was executed among Satyanarayan (Petitioner No. 1), Ajay Kumar Agrawal (Petitioner No. 2), Smt. Anguri Devi (Opposite party No. 1) and Subas Kumar for running the business in the name and style of M/s. Auto Feed. In April, 1995 the Explosive Licence was transferred to M/s. Bharat Petroleum Corporation Ltd. in consonance with Rule 157 of the Petroleum Rules with consent of M/s. Auto Feed. On March 31, 1996, the partnership of M/s. Auto Feed dissolved and on April 1, 1996, a fresh partnership deed was executed between petitioner Nos. 1 and 2 for running the said business of M/s. Auto Feed, who were appointed as dealers of Bharat Petroleum Corporation Ltd. '

In the meanwhile, dissensions cropped up and sometime in May, 1996, opposite party No. 1 Smt. Anguri Devi a