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2025 DAILYLAW 38378 (ALL)

RAKESH KUMAR JAISWAL v. DISTRICT MAGISTRATE, DEORIA AND 2 OTHERS

WRIC/11194/2025 · 2025-04-15

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55392-DB Court No. - 40 Case :- WRIT - C No. - 11194 of 2025 Petitioner :- Rakesh Kumar Jaiswal Respondent :- District Magistrate, Deoria And 2 Others Counsel for Petitioner :- Ramji Singh Patel,Satish Chandra Jaiswal,Syed Fahim Ahmed Counsel for Respondent :- C.S.C.,Santosh Kumar Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the respondent Nos.1 and 2 and Mr. Puneet Agrawal, 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 is aggrieved by the order dated January 20, 2025 passed by the District Magistrate rejecting the application of the petitioner for grant of 'No Objection Certificate' for establishing the petrol pump. 3. Upon hearing the counsel appearing on behalf of the parties and perusing the record, it is clear that the impugned order has been passed without granting any opportunity of hearing to the petitioner as required under Rule 149 of the the Petroleum Rules, 2002. 4. In light of the above, the impugned order dated January 20, 2025 is quashed and set-aside with a direction upon the District Magistrate, Deoria to pass a fresh order in accordance with law after granting an opportunity of hearing to the petitioner. The entire process shall be completed within a period of twelve weeks from date. 5. With the above directions, the writ petition is disposed of. Order Date :- 16.4.2025 Rakesh (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad