PAARDARSHITA PUBLIC WELFARE FOUNDATION (NGO) Vs. CPIO, CPV DIVISION, EXTERNAL AFFAIRS MINISTRY & ANOTHER

JUDGEMENT

(1.) The petitioner has filed this petition under Art. 226 of the Constitution of India for issuing the appropriate writ against the authorities of the respondents no.3 & 4 for the following reliefs:-

(2.) Petitioner s counsel after taking me through the averments of the petition as well as the papers placed on the record along with the impugned report dated 17.02.2013 (Annexure-P-10) sent by the respondent no. 4 Superintendent of Police Katni to the respondent no. 3 Collector/District Magistrate Katni and the order dated 6.7.2013 (Annexure-P-11) passed on the basis of aforesaid report Annexure-P- 10, argued that the impugned out-let of the petrol pump after carrying out all requisite proceedings was allotted to the petitioner by the authorities of the respondents no. 1 & 2 vide order dated 24.11.2012 (Annexure-P-5). Pursuant to it, in terms of the same the NOC besides the other authorities was also required from the Office of District Magistrate/Collector Katni. The other related departments have given the NOC while vide order dated 6.7.2013 (Annexure-P-11), the respondent no.3 on the basis of report of the respondent no.4 (Annexure-P-10), has not given such NOC. In continuation he said that, such report is entirely based on the aforesaid report of the Superintendent of Police dated 17.02.2013 (Annexure-P-10).

(3.) Mere perusal of such report of Superintendent of Police, (Annexure-P-10) it is apparent that no adverse thing was found against the petitioner and only on information either was available or collected by the Superintendent of Police that some distinct relatives of the petitioner were running a petroleum out-let of the same town, has committed irregularities, illegalities in connection of such out-let/petrol pump and on that basis, he has given the adverse report against the petitioner contending that the petitioner s relative have committed irregularities and illegalities in connection of other out-let and, therefore, no objection certificate should not be given to the petitioner and on consideration, only on the basis of aforesaid report of Superintendent of Police, the impugned order Annexure-P-11, was passed by the Collector/District Magistrate. He further said that every citizen has own fundamental right guaranteed under the Constitution of India, thus on the basis of irregularities, illegalities or any offending Act committed by the other persons specially by the person, who is in distinct relation of the petitioner who is also not covered under the definition of family member defined under the rules of the respondents no. 1 & 2, could not be a ground to refuse the NOC and in such premises, prayed to quash the aforesaid report of the Superintendent of Police (Annexure-P-10) and the order of the Collector/District Magistrate (Annexure-P-11) with a further prayer to give appropriate direction to such authorities to issue the NOC by admitting and allowing this petition.