A Special Leave Petition [SLP] has been filed in the Supreme Court challenging a judgment passed by the Orissa High Court in two public interest litigation [PILs] opposing a Hindustan Petroleum Corporation Limited [HPCL] petrol pump allotment in Balikuda.
One Biswanath Das, a resident of Badagaon village and Nayab Sarpanch of Iswarpur Panchahayt under Balikuda block who had filed a PIL in Orissa HC seeking to withold permission to a HPCL petrol pump establishment in Balikuda moved the apex court against the HC judgment which had dismissed the PIL besides imposing fine on the two litigants for filing the PIL on fictitious ground.
According to sources, the HPCL had published an advertisement for appointment of retail outlet dealership for persons under OBC category at Saw Mill Chhak in Balikuda block on November 25, 2018. One Usharani Sahoo had applied for the it.
The HPCL had issued a letter of intent in favour of Usharani and applied for grant of No Objection Certificate [NOC] from Collector Jagatsinghpur on November 21, 2019. After carefully considering the facts, the Collector Jagatsinghpur vide order number 4059 dated March 19, 2020 had granted NOC in favour of HPCL setting up a retail outlet in Balikuda.Expressing unhappiness over the Jagatsinghpur Collector's permission to the outlet in Balikuda, two PILs had been filed in the HC showing several grounds as to why the filling station was illegal.While delivering judgment the HC had ruled that due procedure had been followed in the grant of permission to the HPCL outlet. Moreover, the HC bench had opined that both litigants have to pay exemplary cost Rs 25,000 each for abusing process of the court and filing fictitious public interest litigation.
Being aggrieved over the HC ruling, Biswanath Das and others filed a SLP in Supreme Court seeking quashing of the order of HC and presented a another plea that the petrol pump allottee Usharani Sahoo had submitted a fake OBC certificate before HPCL authority for obtaining the dealership.
Originally, the woman belongs to SEBC. She had been awarded a SEBC certificate from Balikuda Tehsil office vide number 3247/2028. As HPCL in its dealership advertisement had asked applicant should be under OBC category, the sole applicant Usharani Sahoo got the dealership award.
Meanwhile, when asked Balikuda Additional Tehsildar Devi Prasad Rout informed that office issued a SEBC certificate in favour of Usharani Sahoo, not an OBC certificate.