Nagpur: The renowned Marwah Petrol Pump, located at Law College Square in Nagpur, has reopened its operations on Friday, May 3, after a gap of nearly four months. This revival comes in the wake of a legal tussle culminating in the Nagpur Bench of the Bombay High Court intervening and staying the contentious communication issued by Deputy Controller of Explosives, referred to as Respondent No. 3.
The crux of the matter revolved around the suspension of the petrol pump’s license without due process. The petitioners, represented by Advocate Rohan Chhabra, contended that the suspension occurred without affording them an opportunity to present their case, thereby violating principles of natural justice and fundamental rights. Notably, the respondents, including Bharat Petroleum Corporation Ltd. (BPCL) Nagpur, failed to respond to the court’s notice and did not file a reply.
Advocate Chhabra underscored that a similar case had been adjudicated upon by the High Court earlier, wherein the impugned communication was stayed. Drawing parallels, the court granted interim relief to the petitioners, staying the order issued by BPCL Mumbai/Nagpur Chairman on January 16, 2024, and the subsequent communication from the Territorial Manager (Retail) BPCL, Nagpur, on January 17, 2024. This effectively allowed the resumption of petrol sales from the Marwah Petrol Pump.
The High Court was informed that the two respondents are supporting the cause of the petitioners and their petition challenging the very order impugned is under process. Adv Chhabra submitted that in an identical matter, the High Court has passed an order on April 18, 2024, in the Writ Petition No. 2643 of 2024 thereby staying the impugned communication for the reasons recorded which are also germane to the cause, which is sought to be challenged in this petition.
In view thereof, the High Court thought it appropriate to pass the order granting interim relief by staying the impugned order passed by the respondent-2 Chairman, BPCL Mumbai/Nagpur on January 16, 2024, and the communication sent by the -Territorial Manager (Retail) BPCL, Nagpur, on January 17, 2024. Through the communication, the petitioners were asked not to stock and sell petrol from their retail outlet.
The High Court’s directive includes the listing of the petition for further deliberation on July 9, signifying an ongoing legal process. The interim order reflects the court’s cognizance of the petitioners’ grievances and aims to provide a temporary reprieve pending a comprehensive examination of the case.
In essence, the resumption of operations at Marwah Petrol Pump marks a significant milestone following a legal battle that underscores the importance of procedural fairness and adherence to legal principles in regulatory actions.
Advocates A V Khare, SA Bramhe and R M Sharma represented the respondents/Intervenor.
