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2021 DIGILAW 1257 (RAJ)

Abdul Ganni v. State Of Rajasthan

2021-07-30

ASHOK KUMAR GAUR

body2021
JUDGMENT 1. The matter comes up on an application (IA No.3/2021) filed by the respondent No.4--India Oil Corporation Limited under Article 226 (3) of the Constitution of India for vacation of ex-parte interim order dated 09.04.2021. 2. Learned counsel for the petitioners submitted that ex- parte interim order dated 09.04.2021 was passed by this Court whereby all the respondents were restrained from establishing retail outlet (Petrol Pump) at Village Danta in old Khasra No. 2953/2949 and new Khasra No.3018/2953. 3. Learned counsel submitted that a Coordinate Bench of this Court has passed the subsequent order dated 17.05.2021, which was put to challenge before the Division Bench of this Court in Special Appeal (D.B. SAW No.495/2021) filed by private respondent No.3--Anil Kumar Khaitan and the said appeal has been dismissed by the Division Bench and as such, the order of the Court dated 17.05.2021 has not been interfered with. 4. Learned counsel Mr.Sandeep Pathak appearing for the respondent No.4 submitted that in the application filed for vacation of ex-parte interim order, it has been specifically averred by the Corporation that Retail Outlet was commissioned on 31.03.2021 and 12,000 litres of HSD was supplied to the private respondent at the retail outlet and same is lying in the underground tank. 5. Learned counsel submitted that on account of interim order, various safety measures could not be taken and in the ongoing monsoon, there is a high risk of any untoward incident (D.B. SAW/495/2021 has been filed in this matter. Please refer the same for further orders) due to unattended HSD which is lying in the underground storage water tank at the Retail Outlet. 6. Learned counsel submitted that the respondent has responsibility to ensure the safety of the retail outlet as mandated by law and as such, this Court is required to, at-least, consider the grievance of the respondent with regard to provide safety for underground tank, where 12,000 litres of HSD is kept. 7. Learned counsel for the respondent further submitted that if this Court is not inclined to vacate the ex-parte interim order dated 09.04.2021, at least, some direction may be given for providing safety measures. 8. 7. Learned counsel for the respondent further submitted that if this Court is not inclined to vacate the ex-parte interim order dated 09.04.2021, at least, some direction may be given for providing safety measures. 8. Learned counsel Mr.Sandeep Pathak, on instruction of Mr.Prashant Kushwaha, Officer Incharge, IOCL, who is present in the Court, submitted that certain devices are required to be provided at the petrol pump for taking care of the tank, which can be prone to any problem, which may arise on account of leakage of tank due to water ingress during monsoon period. 9. Learned counsel Mr.Sandeep Pathak further submitted that certain devices will be required (i) Auto Tank Gauging (ATG), (ii) Communication devices from tank to server, (iii) Computer console with power backup, (iv) Water detection device & (v) High level alarms device. 10. Learned counsel for the petitioners submitted that petitioners do not have any grievance with respect to any measure which can be provided by this Court for health, safety and environment protection, however, the interim order which has been passed by the Court, may not be vacated. 11. (D.B. SAW/495/2021 has been filed in this matter. Please refer the same for further orders) Learned counsel for the respondent Mr.Anurag Kalavatiya submitted that the present writ petition can be disposed of by this Court, as pleadings are complete. 12. This Court finds that the reply to the writ petition has not been filed by the respondent - PWD and learned counsel Mr.Pankaj Choudhary, who appears on behalf of Dy. Govt. Counsel Mr.Rohit Choudhary submits that reply to the writ petition will be filed shortly. 13. This Court finds that the present writ petition can be disposed of finally at this stage. 14. List this case for final disposal on 17.08.2021. Accordingly, this Court disposes of the misc. application filed by the respondent No.4 by permitting the respondent - IOCL to provide safety measures for the underground tank and the devices which are required namely (i) Auto Tank Gauging (ATG), (ii) Communication devices from tank to server, (iii) Computer console with power backup, (iv) Water detection device & (v) High level alarms device and any other safety measures, may also be installed.