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2025 DAILYLAW 18653 (ALL)

KRISHNA NAND PANDEY v. UNION OF INDIA AND 4 OTHERS

WRIC/4731/2025 · 2025-05-04

Donadi Ramesh, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71351-DB Court No. - 40 Case :- WRIT - C No. - 4731 of 2025 Petitioner :- Krishna Nand Pandey Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Prathamesh Upadhyay Counsel for Respondent :- A.S.G.I.,C.S.C.,Devi Shanker Shukla,Gaurav Gautam,Gaurav Kumar Chand Hon'ble Shekhar B. Saraf,J. Hon'ble Donadi Ramesh,J. 1. Heard Shri Prathamesh Upadyay, learned counsel for the petitioner, Shri Gauram Kumar Chand, learned counsel for respondent No.1, Shri Gaurav Gautam, learned counsel for respondent No.5 and Shri Devi Shanker Shukla, learned counsel for respondent Nos.2 and 3. 2. This is a writ petition under Article 226 of the Constitution of India wherein the following prayer is made:- "A) Issue a suitable writ, order or direction in the nature of certiorari quashing No Objection Certificate dated 03.10.2024 granted by District Magistrate, Chandauli in favour of respondent No.5 for setting up petrol pump retail, outlet at Arazi No.121 situated at Village Dharauli, Pargana- Majhwar, Tehsil and District- Chandauli. B) Issue a suitable writ, order or direction in the nature of certiorari quashing LOI dated 09.06.2024 granted by respondent No.4 in favour of respondent no.5 for setting up petrol pump retail outlet at Arazi No.121 situated at Village- Dharauli, Pargana- Majhwar, Tehsil and District- Chandauli." 3. The objection was filed by the petitioner on 05.07.2024 before the District Magistrate, with regard to said objection an order was passed by the P.W.D. on 07.09.2024 and on the basis of this order the No Objection Certificate was granted by the District Magistrate on October, 3rd 2024 in favour of respondent No.5. Upon perusal of the Petroleum Act, 1934, we find that District Magistrate has the power to cancel the No Objection Certificate under Rule 150 of the Petroleum Rules, 2002. 4. In light of the same, we direct the petitioner to again file an application before the District Magistrate within a period of two weeks from date. In the event, such application is filed by the petitioner, the District Magistrate is directed to grant an opportunity of hearing to the petitioner and to the respondent No.5 and thereafter, pass an order in accordance with law, within a period of eight weeks from the date of filing of such application. 5. With the above direction, the present writ petition is disposed of. Order Date :- 5.5.2025 AdityaG (Donadi Ramesh,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad