ANIRUDDHA BOSE,J. - (1.) In this writ petition, the subject of dispute is withholding issue of motor spirits/High Speed Diesel selling licence by the District Authorities of Birbhum. Such licence is necessary for operating a retail outlet for certain petroleum products at Paschim Gopalpur under Police Station - Nalhati. It appears that there is a subsisting retail outlet at the said location but the licence of the earlier operator of this outlet has been terminated. The petitioner had applied for licence in respect of the said outlet and has been granted such licence by the oil company, being Bharat Petroleum Corporation Limited (BPCL) in this case. The reason as to why such licence is not being granted is that according to the issuing authority, i.e. the District Magistrate of Birbhum, the stretch of road on which the outlet is located falls on the National Highway No. 60. The stand of the State is that for grant of licence in respect of such retail outlet on a National Highway, permission from the National Highway Authority is necessary. In this writ petition, I had directed impleading the National Highway Authorities. The Ministry of Road Transport and Highways (Project Section III), Government of India has been impleaded as a party-respondent and Mr. Saha Roy, learned Counsel for the petitioner submits that they are the administrative ministry of the National Highway Authority. Service on them has been effected through the Chief General Manager (Tech), Regional Office, N.H.A.I. at Kolkata. No one, however, has appeared on behalf of the National Highway Authority in spite of service.
(2.) The petitioner has filed an affidavit-of-service showing service on the Chief General Manager of the National Highway Authority of India of the notice of this proceeding. It appears from such affidavit affirmed by one Uttam Mondal on 10th January, 2012 that when the deponent of the said affidavit went to effect service of the copy of petition and the covering letter of the learned Advocate-on-Record of the petitioner to the Chief General Manager (Tech), National Highway Authority, the Manager (Tech) of such organisation refused to receive the notice and indicated to the deponent therein that the stretch of road is supposed to be looked after by the State Public Works Department and the National Highway Authority has no jurisdiction over such stretch. A copy of a letter signed by the Manager(Tech) addressed to the Regional Manager (Civil), Ministry of Road Transport and Highways, Government of India dated 20th December, 2011 has been handed over to the deponent of the said affidavit which has been annexed to the said affidavit. From this communication, I find that the Manager (Tech) of the National Highway Authority of India has expressed his view that the said stretch does not pertain to the jurisdiction of N.H.A.I. Regional Office and the approach road of the existing retail outlet comes under the scheme of extension of NH 60.
(3.) As the National Highway Authorities have chosen to go unrepresented in this matter in spite of notice and on the other hand have indicated that they have no jurisdiction over the area concerned, I do not think there is any reason for withholding grant of sale licence on this count by the District Magistrate, Birbhum. The reason why grant of such licence was withheld was that the National Highway Authority had not issued the 'no objection'.;