Chanchal Barman v. Indian Oil Corporation & Ors.
Case at a glance
Provisions considered
Key paragraphs
- Para 1111. The writ petition being WPA 161 of 2026 is disposed of without taking an exception to the merits of the case. (Smita Das De, J.)
Judgment
#3. Mr. Sarwar Zahan appearing for the petitioner submits that an advertisement for setting up a new petroleum retail outlet (Petrol Pump) beside Berhampore- Balarampur Road at village Panishala in the district of Cooch Behar has been published in a daily news paper. The proposed site selected for the Rural Petrol Pump falls within Mouza Panishala, L.R. Khatian No. 2275, L.R. Plot No. 6972 measuring an area 7 Cottahs under the Kotwali Police Station in the 3 District Cooch Behar having a close proximity less that 30 metrers from the pucca house of the villages being contrary to the mandate of the circular of petroleum and explosives safety organization issued by Government of India dated 09.09.2024 which pertains to safety measures for setting up of new Petroleum service station.
#4. The petitioner and the co-villagers of the said area obtained an information under Right to Information Act dated 08.12.2025 being annexure P-10 at page 54 that the respondent no. 15 has already been selected by the respondent no. 1 to set up new petrol pump by issuing a letter of intent in favour of the Private respondent.
#5. Thereafter, the petitioner and the other villagers lodged a complaint on 03.06.2025 before respondent no. 7 but the same remains pending for consideration.
#6. Mr. Swapan Kr. Dutta, ld. Govt. Pleader submits that the respondent no. 7 has not yet received any application for issuing NOC from the end of the Respondent No. 1 and the entire process has not attained any finality.
#7. The learned Counsel appearing in virtual mode for the respondent no. 1 submits that the writ petition is premature in nature since the entire selection process has not arrived to a logical conclusion, nor any adverse action has been taken which shall prejudice 4 the rights of the petitioner and other villagers of the said Panishala village.
#8. After careful consideration of the case on the basis of the available records, I find that the issue involved herein still remains to be in a rudimentary stage. Since the entire process has not attained any finality, no interference is warranted at this stage.
#9. However, it is made clear that after receiving the application for NOC for setting up of the petrol pump at the proposed site, the District Magistrate at the time of hearing is directed to consider the complaint lodged by the petitioner being annexure-7 at page 45 of the writ petition dated 03.06.2025 in terms of the guidelines laid down in Circular dated 09.09.2024 at upon affording opportunity of hearing petitioners and other interested persons before arriving at any logical conclusion and pass necessary orders in accordance with law.
#10. The District Magistrate, Cooch Behar shall communicate such decision the petitioner accordingly.
#11. The writ petition being WPA 161 of 2026 is disposed of without taking an exception to the merits of the case. (Smita Das De, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Right to Information Act, 2005.
Which court decided this case, and when?
Calcutta High Court, on 05 Feb 2026. The bench was SMITA DAS.
Precedent status how later indexed judgments have treated this case
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