A petitioner's application for a No Objection Certificate to establish a petrol pump was refused by the District Magistrate only because a partition suit was pending over the leased land. The High Court held this ground unsustainable, set aside the refusal, and remanded for fresh consideration with notice and hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14413 of 2022
======================================================
Siddharth Suman S/o Sukan Paswan R/o Sadhadambar, PS Motipur, DistrictMuzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanat Kumar Mishra, Adv. For the Respondent/s : Mr. Arvind Kr. Singh, Adv. : Mr. Santosh Kumar, Adv. For H.P.C.L. : Mr. Neeraj Kumar Gupta, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
10 21-01-2025 Heard learned counsel for the parties.
following reliefs:-
“That by this writ petition, the petitioner craves indulgence of this Hon'ble court (1) for issuance of a writ of Certiorari for setting aside the decision dated 25/2/2019 of the
Patna High Court CWJC No.14413 of 2022(10) dt.21-01-2025 2/6
respondent no. 2 as communicated vide letter no. 1742 dated 21/10/2019 issued by the respondent no. 3 whereby the authority has decided to refuse the issuance of 'No Objection Certificate' for the time being to the petitioner for establishing Petrol Pump Retail Outlet in the light of pendency of a partition suit in civil court and (II) for issuance of a writ of Mandamus for directing and commanding the respondent no. 2 to issue the No Objection Certificate (No Objection Certificate) in favour of the petitioner/HPCL to establish petrol pump on land bearing khata no. 353 khesra 895 situated at village Nawanagar Nizamat PO Karnal, thana 28, ward 13 Sahibganj Nagar Panchayat district Muzaffarpur and further for issuance of any other writ/ writs/direction/ directions/order/orders as your lordships may deem fit in the facts and circumstances stated herein after.”
petitioner has stated that the petitioner has applied for grant of No Objection Certificate (NOC) to the Respondent No. 2 for the purpose of establishment of a retail outlet in the advertised area issued by Respondent No. 4 herein. Learned Counsel has stated that the subject land was originally purchased by one Dukhit Rai and after his demise his two sons, namely, Sri Uma Shankar Rai and Sri Hari Shankar Rai have entered into a lease agreement
Patna High Court CWJC No.14413 of 2022(10) dt.21-01-2025 3/6
for an area of 0.45 acre, out of the total land of 1.22 acre, in favour of the petitioner and to that effect registered lease deed has also been executed in his favour. Learned Counsel further stated that as per the procedure adopted by the Respondent No. 4, the petitioner is obligated to submit “No Objection Certificate” from various authorities including the Respondent No. 2. The Respondent No.2 on the basis of objections filed by the Respondent Nos. 7 and 8 has declined to issue the “No Objection Certificate” on the ground that a partition suit filed by the Respondent Nos. 7 and 8 which is pending adjudication. Learned Counsel has stated that the Respondent Nos. 7 and 8 are distant relatives of Sri Dukhit Rai and have nothing to do with the subject property. That the suit was filed only to create hurdles and cause hardship to the petitioners and the true owner. Learned Counsel has further stated that by the time the decision is taken and the judgment rendered by the Civil Court in the partition suit filed by the Respondent Nos. 7 and 8, the petitioner will suffer irreparable loss, as they have spent considerable amount in developing the land and also for getting the registration of the lease deed done in their favour. Further, it is stated that the chances of any success filed by the Respondent Nos. 7 and 8 (in the Partition Suit) are very remote neither the
Patna High Court CWJC No.14413 of 2022(10) dt.21-01-2025 4/6
petitioner nor his lesser can be put to any disadvantageous position solely on the ground that suit for partition is pending. Learned Counsel has further stated that the authorityRespondent No. 2 has not given any reasons except the above for not issuing the “No Objection Certificate”.
Patna High Court CWJC No.14413 of 2022(10) dt.21-01-2025 5/6
filed by the petitioner as well as the contesting respondents reveal that the Respondent No. 2 has declined to issue the “No Objection Certificate” solely on the ground that suit for partition is pending between original lesser and the Respondent Nos. 7 and 8. Admittedly, the suit is filed in the year 2013 and it will take considerable time for the Trial Court to adjudicate the suit and pass judgment. Further, it is to be noted that as on date there is no stay order granted by the Trial Court, in the suit for partition. Further, even if the Respondent Nos. 7 and 8 succeed in the suit filed by them, the area which has been leased out is only 0.45 acre, where as the total area in the partition suit is approximately 11.51 acres, therefore, it cannot be said that the Respondent Nos. 7 and 8 will put to any disadvantageous position and that the judgment and decree, if any granted in their favour cannot be executed. The shares of the parties can be distributed even if any decree is granted in favour of the Respondent Nos. 7 and 8.
Patna High Court CWJC No.14413 of 2022(10) dt.21-01-2025 6/6
a period of eight weeks from the date of receipt of the copy of this order. It is needless to mention that before passing any order the District Magistrate shall put the petitioner on notice and give him an opportunity of hearing. Any order passed shall be communicated to the parties.
(A. Abhishek Reddy, J.)
Jyoti Kumari/-
U
1 issue framed by the court
Whether the District Magistrate could refuse to issue a No Objection Certificate for a petrol pump solely because a partition suit over the land is pending.
Siddharth Suman
The State of Bihar through the Collector, Muzaffarpur
The District Magistrate-cum-Collector, Muzaffarpur
The Senior Deputy Collector (Incharge), District General Administration Cell Muzaffarpur
M/s Hindustan Petroleum Corporation Ltd.
The Deputy General Manager (Retail) Hindustan Petroleum Corporation Ltd., Begusarai
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
