IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.980 OF 2009 M/S BHARAT PETROLEUM CORPORATION LTD. A COMPANY INCORPORATED UNDER THE INDIAN COMPANY ACT 1913 HAVING ITS REGISTERED OFFICE AT BHARAT BHAWAN 4 & 6 CURRIMBHAY ROAD, BELLARD ESTATE MUMBAI, THROUGH RAJ SHEKHAR SIDDAYYANAVAR, S/O BASAPPA SIDDAYYANAVAR, TERRITORY MANAGER HAVING OFFICE AT PAKRI, VIA ANISABAD, P.S. PHULWARISHARIF, DISTRICT PATNA …………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE DIVISIONAL COMMISSIONER, PATNA 3. THE DISTRICT MAGISTRATE, IPATNA 4. THE SENIOR SUPERINTENDENT OF POLICE, PATNA 5. THE OFFICER-IN-CHARGE, KANKARBAGH POLICE STATION, PATNA 6. MRS. ROOP KUMARI TIWARY, MANAGING DIRECTOR, TIWRY BECHAR & COMPANY LTD. BISTUPUR MAIN ROAD, JAMSHEDPUR HAVING REGISTERED OFFICE AT 8, LENIN SARANI, 1ST FLOOR ROOM NO.78, KOLKATTA-700013 7. M/S ASSOTECH RAMANAND HEALTH CARE PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 148-F, MAYUR VIHAR PHASE-1, NEW DELHI-110092 THROUGH ITS AUTHORIZED REPRESENTATIVE MR. SANJEEV SRIVASTAVA, DIRECTOR ………..RESPONDENTS ----------- For the Petitioner : M/s Sanjay Singh & Ajay Kr. Singh, Advocates For Respondent no.7 : Mr. Y.V. Giri, Sr. Advocate with Mr. Aditya Prakash Sahay, Advocate For the State : Mr. K.K. Jha, G.P. 18 For Respondent no.6 : Mr. Surendra Pd. Singh, Advocate 6. 18.02.2010 After marathon arguments, it appears that, the parties have realized that the interim order passed by this Court in its order dated 22.12.2009 is causing impediments in the interests of both the parties. Therefore, good sense has prevailed and the parties have agreed to come to the terms in respect of removal of - 2 - obstruction in exercise of right of each other. On instructions, learned counsels agree that the petitioner-company shall remain in possession of the land to the extent of 31 mts opening on the road and upto 10 mts of depth. Learned counsel for the petitioner submits that, for explosive licence for the petrol pump, minimum depth required is 12 mts. However, he submits that for 2 mts, beyond 10 mts petitioner will approach respondent no.7 for permitting petitioner-company to use 2 mts land also, beyond 10 mts so that there may not be any legal objection from any quarter in respect of running of business of the petrol pump, leaving sufficient opening on both sides, for free entry of the machineries of respondent no.7 which will be necessary for starting construction work of the building behind 10 mts of land. Learned counsels also inform this court that respondent no.7 has shown alternative sites for reciting of the petrol pump which is under active consideration by the petitioner. It is submitted by learned counsel for the petitioner that a land at Bari Pahari on Patna- - 3 - Gaya road which is of category ‘A’ has been found suitable by the officials of the petitioner-Corporation. He submits that proposal will be sent for initiation of process of recitement to the higher authorities of the Corporation for formal approval of the site for reciting of the petrol pump and final decision shall be taken and all steps in respect of the same will be completed within six months. He also informs this court that the Corporation will take steps to shift the petrol pump at the new plot latest within three months thereafter and shall vacate the land in question being occupied by it for petrol pump. It is also agreed between the parties that no obstruction will be caused in the movement of the vehicles in operation of either of the parties on the land and vehicles of either of the parties will be allowed to move freely through the said area of 31 mts X 10 mts of the land being used by the petitioner for its retail outlets. Respondent no.7 agrees that all obstructions in the form of debris or machineries lying or parked in the said area of 31 mts X 10 mts shall be removed within a week. - 4 - Learned counsel for the petitioner submits that an application for grant of licence has already been filed by the petitioner before the District Transport Officer, Patna. Petitioner may produce this order of the Court for consideration of the D.T.O. for grant of licence in the view of the terms and conditions recorded in this order, subject to other terms and conditions of the Licensing Order. The order dated 22.12.2009 stands modified to this extent. The writ application is disposed of, in terms as indicated above. This Court appreciates the active assistance of the learned counsels for the parties in resolving the disputes between the parties. B.T (J. N. SINGH, J.)