Hemant Kumar Srivastava, J. - (1.) THIS writ petition has been preferred under Article 226 of the Constitution of India for quashing the letter No. 6844 dated 04.11.2010 issued by the Estate Officer, Bihar State Housing Board through which petitioner was informed that it was not possible to give a no objection to him for opening a petrol pump on commercial plot No. DS -24/L situate at Lohia Nagar, Kankarbagh, District Patna and also for directing the respondents to produce the letter No. 5101 dated 17.10.2007 by which the prayer for grant of no objection for opening the petrol pump by the petitioner on the above stated land was said to be refused and also for quashing the above stated letter and furthermore, to restrain the respondents from taking any coercive steps or obstructing in smooth running of a petrol pump on the above stated commercial plot and for issuance of direction to respondents to grant no objection in favour of the petitioner for opening petrol pump on the above stated plot.
(2.) THE brief fact, which lies to file this writ petition, is that a deed of Tripartite lease was executed on 25.08.2004 between petitioner, Bihar State Housing Board and the original allottee, Sri Bajarang Lall Bazaz in respect of commercial plot No. DS -24/L situate at Lohia Nagar, Kankarbagh, Patna. The terms and conditions of the lease were duly entered in the registered deed and accordingly, petitioner came in possession of the aforesaid plot. Para -10 of the aforesaid registered deed contains a term that the prescribed plot shall be used only for office/shops/godowns purposes. After coming over the above stated plot, petitioner gave a representation to competent authority of the Bihar State Housing Board for granting no objection for opening a petroleum retail outlet on plot No. DS -24/L in the year 2005. The aforesaid representation of the petitioner was processed and the office of the Board recommended that there was no technical difficulty to the Board for granting permission to open a petroleum retail outlet on the same condition/on the same rate which rate had been paid by allottee of plot No. DS -7 of the same locality. The then Managing Director, Bihar State Housing Board, Patna having perused the report of office gave certain directions for verification of the site and other enquiries. In compliance of the aforesaid directions, enquiry was conducted and recommendation was made in favour of opening a petrol pump on the above stated plot and the record of plot No. DS -7 was tagged with the record of petitioner for calculation of the rate but in the meantime, the above stated Managing Director was transferred and the matter was kept in abeyance by the office of the Board. However, in the meantime, petitioner got clearance for opening a petrol pump on the aforesaid commercial plot from other authorities including the District Magistrate etc. and in anticipation of grant of no objection from the Board proceeded to open the petrol pump on the aforesaid plot and invested huge amount in the aforesaid project. It is also case of the petitioner that petitioner again approached before the Board for issuance of no objection for opening petrol pump on his plot but same was refused by the Board by issuance of letter No. 6844 dated 04.11.2010 giving information that prayer of the petitioner had already been refused by the Board vide letter No. 5101 dated 17.10.2007 and it was not possible for the Board to grant no objection for opening petrol pump on the aforesaid commercial plot. The aforesaid fact is evident from Annexure -9 to the writ petition. It is also case of the petitioner that petitioner never received letter No. 5101 dated 17.10.2007 nor any information was given to him about rejection of his prayer by the Board. It is further case of the petitioner that Board had already granted no objection to other person for opening a petrol pump on plot No. DS -7 in the same locality but the prayer of the petitioner was refused without any rhyme and reasons. Hence, petitioner filed the said writ petition for quashing the letter No. 6844 dated 04.11.2010 as well as letter No. 5101 dated 17.10.2007 as stated above.
(3.) COUNTER affidavit has been filed on behalf of the Board and it has, specifically, been pleaded in the counter affidavit that plot No. DS -24/L situate at Lohia Nagar, Kankarbagh, Patna was originally settled with one Bajarang Lall Bazaz and after taking permission of the Board, the original allottee transferred the aforesaid plot in favour of the petitioner after executing tripartite lease agreement in which the Board was also a party. It has further been pleaded that plot No. DS -7 had been earmarked for the purpose of opening petrol pump whereas plot No. DS -24/L had been earmarked for the purpose of office, shops and godowns only and that was the reason the Board refused to grant no objection in favour of the petitioner for opening petrol pump on the aforesaid plot. It has also been pleaded that petitioner earlier made a representation dated 26.09.2007 in the Janta Darbar seeking permission for opening a petrol pump on his plot but the same was rejected on the ground that plot in question could not have been used for the purposes other than mentioned in the agreement and the same was communicated to the petitioner vide letter No. 5101 dated 17.10.2007 which has been annexed as Annexure -B to the supplementary counter affidavit. It has also been pleaded that petitioner made attempt to open petrol pump on the aforesaid land inspite of rejection of his prayer and, therefore, even if the petitioner invested huge amount, the petitioner shall himself bear its consequences.;