M/S HSD REGULAR/RULAR RETAIL OUTLET DEALERSHIP v. UNION OF INDIA AND 2 OTHERS
WRIC/7936/2025 · 2025-03-18
Kshitij Shailendra, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29466 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29466 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40644-DB Court No. - 40 Case :- WRIT - C No. - 7936 of 2025 Petitioner :- M/S Hsd Regular/Rular Retail Outlet Dealership Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Harish Kumar Srivastava,Kumar Ankit Srivastava,Sunil Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Dharmendra Singh Chauhan Hon'ble Shekhar B. Saraf,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and Sri Dharmendra Singh Chauhan,
learned counsel appearing on behalf of the respondent No.3.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs:
"I. Issue a writ, order or direction in the nature of mandamus, directing/commanding the respondent no.3 to decide the application dated 24.02.2024 of the petitioner seeking No Objection Certificate (NOC) from the Firozabad/Shikohabad Development Authority with regard to petrol pump within stipulated time as fix by this Hon'ble Court. Further issue the No Objection Certificate (NOC) in favour of the petitioner, otherwise the petitioner shall suffer an irreparable loss and injury. II. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.3 not to impose the impact fee according to the government order dated 28.01.2025 because the same is not applicable on the petitioner."
3. Counsel appearing on behalf of the respondent No.3 submits that the Development Authority is in the process of taking a decision with regard to No Objection Certificate sought by the petitioner.
4. In light of the above submission, the writ petition is disposed of with a direction upon the respondent No.3/Firozabad-Shikohabad Development Authority to take a decision on the issue within a period of four weeks from date, after affording an opportunity of hearing to the petitioner.
Order Date :- 19.3.2025 Kuldeep (Kshitij Shailendra, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad