IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18587 of 2025 ======================================================

Sumit Kumar, ... ... Petitioner/s Versus The State of Bihar & Ors.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ankit Katriar For the Respondent/s : Mr. Government Pleader (5)

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

4 02-02-2026 Heard the counsels for the respective parties.

1. The present I.A. No. 01 of 2025 is filed by third party intervenor seeking to implead himself as party respondent in the present CWJC. The present CWJC is filed by the writ petitioner for the following relief.

1.1. Issuance of a writ in the nature of a writ of certiorari or any other appropriate writ / order / direction for quashing the impugned memo no. 5649 dated 06.10.2025, by which the license dated 25.07.2025 issued by the DTO, Gaya, for storage and sale of petroleum products at the Petitioner's Retail Outlet, has been suspended on non-est grounds.

1.2. Issuance of a consequent writ in the nature of a writ of mandamus or any other appropriate writ/order/direction to the respondent authorities to forthwith take all the requisite steps for ensuring that the Petitioner's suspended storage and sale license dated 25.07.2025, issued by the DTO, Gaya, for storage and sale of petroleum products at the Petitioner's Retail Outlet, is immediately revived for making the Petitioner's Retail Outlet operational inasmuch as the Petitioner's Retail Outlet, despite having been issued the Letter of Acceptance (LOA) in the year 2022, has still not been able to commence sale as the same has been thwarted by the respondent authorities, at the behest of vested interests, for one non-est reason or the other.

1.3. For issuance of an interim order directing stay of operation of the aforesaid impugned memo no. 5649 dated 06.10.2025, by which the Petitioner's license dated 25.07.2025 has been suspended by the DTO, Gaya and further for directing that the Petitioner's RO becomes operational during the pendency of the instant matter.

The Petitioner further prays for grant of such other relief(s) as the Petitioners may be entitled to in the facts and circumstances of the case.

In order to dispose of the I.A. No. 1 of 2025, the following facts are necessary to be stated:

In the earlier round of litigation, the third party intervenor herein has filed CWJC No. 14682 of 2024 seeking the following relief;

“For issuance of appropriate writ/s, order/s direction/s for quashing the order dated 18.09.2023 contained in letter No. 2874 issued by the Chief Engineer, South Road Construction Department, Bihar, Patna by which the no objection certificate issued by the District Magistrate contained in Memo No. 801 dated 12.07.2022 for establishment of a new retail outlet under BPCL at Mauza Surheri, Plot No. 157 Khata No. 257 P.S. Muffasil, District Gaya has been upheld and approved which is against the guidelines issued by Ministry of Road Transport and Highways (MORTH) Government of India, New Delhi as contained in circular No. 33032 dated 26.06.2020 and further for quashing the above said objection certificate dated 12.07.2022.”

The writ petitioner herein was arrayed as respondent No. 8 in the said CWJC No. 14682 of 2023.

The writ petitioner herein has also filed a separate CWJC No. 4524 of 2024 for the following relief:

“That this is an application praying for issuance of a writ in the nature of a writ of mandamus or any other appropriate writ/order/direction upon the respondent statutory authorities to ensure that all the statutory clearances/NOCs/licenses are issued to the petitioner for starting his petrol pump retail outlet dealership for the subject location, in terms of the Letter of Appointment dated 30.07.2022 granted by the Bharat Petroleum Corporation Limited, in particular for a direction to the District Transport Of