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2025 DAILYLAW 41621 (ALL)

M/S MAA BHAGWATI FILLING STATION AND ANOTHER v. UNION OF INDIA AND 4 OTHERS

WRIC/11166/2025 · 2025-04-15

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55677-DB Court No. - 40 Case :- WRIT - C No. - 11166 of 2025 Petitioner :- M/S Maa Bhagwati Filling Station And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Prashant Shukla,Ram Prakash Upadhyay,Sr. Advocate Counsel for Respondent :- A.S.G.I.,Archana Singh,C.S.C.,Gaurav Kumar Chand Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioner, Mr. Gaurav Kumar Chand, learned counsel appearing on behalf of the respondent No.1, Ms. Archana Singh, learned counsel appearing on behalf of the respondent Nos.2 & 3 and learned Standing Counsel appearing on behalf of the respondent No.4. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the inaction on the part of the respondent No.4, being the District Magistrate, Sonebhadra, in considering the application dated February 27, 2025 submitted by the petitioner for rejecting the 'No Objection Certificate' granted in favour of the respondent No.5. 3. Counsel on behalf of the petitioner has submitted that the petitioner has made the aforesaid representation before the respondent No.4 but the same is not being considered. He prays that a direction may be issued to the respondent No.4 to decide the aforesaid application of the petitioner expeditiously. 4. Upon hearing the counsel appearing on behalf of the parties and perusing the record, we are of the view that the prayer of the petitioner is innocuous and may be granted. 5. Accordingly, the respondent No.4 is directed to consider and decide the representation of the petitioner dated February 27, 2025 in accordance with law within a period of six weeks from date. An opportunity of hearing should be granted to the petitioner and the respondent No.5 before passing a reasoned order. 6. 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