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(WPS No.1707/2020)

2026:CGHC:22546

Digitally

signed by AFR

SISTA

SISTA SOMAYAJULU

SOMAYAJULU Date:

HIGH COURT OF CHHATTISGARH AT BILASPUR

2026.05.13

16:56:37

+0530

WPC No. 1707 of 2020

Dhaneshwar Prasad Sahu, Aged about 49 years, S/o Shri Bhojram

Sahu, Occupation Agriculturist, R/o Village, Police Station & Up-

Tahsil Hasoud, Tahsil Jaijaipur, District Janjgir-Champa (C.G.) Mo.

No.9981368303

... Petitioner

versus

1. State of Chhattisgarh, Through Secretary, Department of Revenue,

Mantralaya, Atal Nagar, Raipur, Tahsil & District Raipur (C.G.)

2. Commissioner, Bilaspur Division, Bilaspur, District Bilaspur (C.G.)

3. Ku. Sushila Sinha, aged about 36 years, D/o Janakram Sinha, Caste

Satnami, R/o Village, Police Station & Up-Tahsil Hasoud, Tahsil

Jaijaipur, District Janjgir-Champa (C.G.)

... Respondents

For Petitioner : Mr. Ratnesh Kumar Agrawal, Advocate.

For Respondents No.1 & 2 : Mr. Rahul Tamaskar, Government Advocate and Mr.

Pranjal Shukla, Panel Lawyer.

For Respondent No.3 : Mr. Kabeer Kalwani, Advocate on behalf of Mr.

Anurag Singh, Advocate,

Single Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal

Order on Board

13/05/2026

1. Invoking the extraordinary jurisdiction of this Court under Article

226 of the Constitution of India, the petitioner has called in question

legality, validity and correctness of order dated 14-7-2020 passed by

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(WPS No.1707/2020)

the Commissioner, Bilaspur Division, Bilaspur in Revenue Revision

No.36/B-127/2019-2020, by which the No Objection Certificate

dated 12-3-2020 issued by the Collector, Janjgir-Champa under Rule

144(1) of the Petroleum Rules, 2002 (for short, ‘the Petroleum

Rules’) has been stayed by the Commissioner.

2. The aforesaid challenge has been made on the following factual

backdrop: -

3. The petitioner obtained No Objection Certificate (NOC) under Rule

144(1) of the Petroleum Rules for running a petrol pump at Village

Hasoud, District Janjgir-Champa and for which he was issued the

said NOC on 12-3-2020 by the Collector (Food Branch), Janjgir-

Champa. Respondent No.3 herein – Objector filed revision petition

under Section 50 of the Chhattisgarh Land Revenue Code, 1959 (for

short, ‘the Code’) before the Commissioner, Bilaspur Division,

Bilaspur, questioning the NOC dated 12-3-2020 and the

Commissioner by the impugned order dated 14-7-2020, stayed the

effect and operation of the NOC dated 12-3-2020 leading to filing of

this writ petition.

4. Mr. Ratnesh Kumar Agrawal, learned counsel appearing on behalf of

the petitioner herein, would submit that the Commissioner has no

jurisdiction to exercise the power under Section 50 of the Code to

stay the NOC issued by the Collector in exercise of power under Rule

144(1) of the Petroleum Rules, which can be cancelled only by the

District Authority/District Magistrate in exercise of power under

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(WPS No.1707/2020)

Rule 150(1) of the Petroleum Rules and therefore the impugned

order is liable to be set aside.

5. Mr. Rahul Tamaskar, learned State counsel appearing on behalf of

respondents No.1 & 2, would support the impugned order and

oppose the writ petition.

6. Mr. Kabeer Kalwani, learned counsel appearing on behalf of the

Objector/respondent No.3 herein, would also support the impugned

order and oppose the writ petition and submit that the impugned

order has rightly been passed.

7. I have heard learned counsel for the parties and considered their

rival submissions made herein-above and also gone through the

record with utmost circumspection.

8. Rule 144(1) of the Petroleum Rules provides for No Objection

Certificate, which states as under: -

“144. No-objection certificate.—(1) Where the licensing

authority is the Chief Controller or the Controller, as the case

may be, an applicant for a new licence other than a licence in

Forms III, XI, XVII, XVIII or XIX shall apply to the District

Authority with two copies of the site-plan showing the

location of the premises proposed to be licensed for a

certificate to the effect that there is no objection, to the

applicant receiving