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2025 DAILYLAW 55499 (ALL)

RAMESHWAR SINGH SOLANKI AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

WPIL/1100/2025 · 2025-07-07

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:107698-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1100 of 2025 Petitioner :- Rameshwar Singh Solanki and 7 others Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Ajay Kumar Pathak, Sanjeev Singh Counsel for Respondent :- C.S.C., Ramanand Pandey (A.C.S.C.), Archana Singh Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition, purportedly in public interest, has been filed by the petitioners seeking to question the No Objection Certificate ('NOC') dated 24.03.2025, issued by the District Magistrate, Hathras for setting up retail outlet in Plot No. 687 in Village- Loharra, Tehsil-Sasni, District-Hathras. 2. The plea raised in the petition is that the NOC granted is contrary to provisions of Rule 166 of the Petroleum Rules, 2002 ('Rules') and therefore, the NOC deserves to be revoked. 3. Instructions have been produced by learned Standing Counsel, inter alia, indicating the location of the retail outlet in relation to which, allegations have been made that as the same is only at a distance of 20 meters and therefore the provisions of Rule 166 of the Rules are being violated. In the instructions, the distance between the brick-kiln/chimney and the retail outlet has been indicated and submissions have been made that the same are at a distance of the requisite parameters. 4. Besides the same, submissions have been made that reliance placed on Rule 166 of the Rules is totally misplaced as the same pertains to the refining of petroleum and not retail outlet and as such, the petition deserves dismissal. 5. Learned counsel for the petitioner, when confronted with the fact that Rule 166 of the Rules forms part of Chapter VIII pertaining to the refining of petroleum and that the entire petition is structured on purported violation of Rule 166 of the Rules, submissions were made that Rule has been examined in abstract without reference to the chapter, which led to the filing of the objection and the petition. 6. In view of the above fact situation, wherein the plea sought to be raised, based on violation of Rule 166 of the Rules, is baseless as the said Rule has no application to the retail outlet, the petition has no substance. The same is, therefore, dismissed. Order Date :- 8.7.2025 Mukesh Pal/P.Sri. (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad