IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No. 11536 of 2010 ========================================== Ramanuj Tiwari s/o Ramesh Tiwari, r/o Boring Canal Road, P.O. & G.P.O. – S.K. Puri, District Patna ………… Petitioner Versus 1. The Union Of India through the Secretary, Department of Petroleum, Shastri Bhawan, New Delhi 2. The Indian Oil Corporation through its Eastern Region, General Manager, 1st Floor, Sahi Bhawan, Exhibition Road, Patna 3. General Manager, Indian Oil Corporation, Eastern Region, Exhibition Road, Patna 4. Senior Area Manager, Indian Oil Corporation, Eastern Regional Exhibition Road, Patna 5. The District Magistrate, Patna 6. The Gasoline Service Centre Petrol Pump through its Proprietor, Boring Road, Patna ……………. Respondents =================================================== APPEARANCE For the Petitioner : Mr. Ashutosh Ranjan Pandey, Advocate For the Respondent no.1 : Mr. Sanjay Kumar Pandey, Advocate For the Respondents 2 to 4 : Mr. K.D.Chatterjee, Advocate Mr. Anil Kumar Sinha, Advocate For the Respondent no.6: Mr. Prakash Sahay, Advocate ================================================= CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 3/9/2010 The petitioner, a resident of Patna city, has brought this petition under Article 226 of the Constitution in public interest. The subject matter of grievance is an isolated incident of accidental fire at retail outlet of Indian Oil Corporation in the name of Gasoline Service Centre Petrol Pump, situate at Boring Road Chauraha. 2 The learned advocate Mr. Pandey has submitted that the area in question is densely populated and the traffic jam is a daily feature. Nevertheless, Indian Oil Corporation has not taken proper measures for the safety of persons and properties of the people around. He has submitted that several Petrol Pumps are situated within the locality. We do appreciate that the Indian Oil Corporation should take all possible measures to ensure safety in and around the Petrol Pumps. If any accident takes place on account of human error or mishandling of the highly inflammable article, remedial measures should also be taken. We must also note that the existence of Petrol Pump is also an essential service for the people. On account of the stray incident or accident neither the Petrol Pump can be ordered to be closed nor can it be removed out of the populated area. The learned advocate Mr. Chatterjee has submitted that the Corporation does ensure that all safety measures are taken at the retail outlet. The Corporation also undertakes to proceed in case of deliberate negligence. If required, the licence may also be cancelled. Mr. Chatterjee also states that hereafter also the Corporation shall continue to enforce the safety measures at its retail outlets and to take remedial measures in case of negligence or infarction. In view of the assurance given by learned advocate Mr. Chatterjee on behalf of the Indian Oil Corporation, no further order is required to be made on 3 this petition. The petition is disposed of. Neyaz/ ( R. M. Doshit,CJ.) ( Jyoti Saran, J.)