ARJUN DEV CHANDRA Vs. COLLECTOR DISTRICT MAGISTRATE GHAZIABAD

JUDGEMENT

(1.) THIS petition is directed against the order dated 4-11-1977 passed by the District Magistrate, Ghaziabad stating that no orders can be passed on the petitioner's application for registration under the U. P. Sales of Motor Spirit and Diesel Oil Taxation Act, 1939 as there is a dispute pending in regard to the allotment of site to the petitioner for running the Petrol pump.

(2.) SHORTLY stated the relevant facts are that upon an application of the petitioner he was allotted a dealer-ship, for running a petrol service station, by tie Indian Oil Corporation. A 'no objection' certificate was issued by the District Magistrate, Ghaziabad on 9-5-1977. Thereafter on 25-10-1977 the Controller of Explosive granted licence to the petitioner for storage of petroleum in tank or tanks. Armed with these licences the petitioner installed the petrol pump at the site in question. Thereafter he made an application for being registered under Section 5 of the U. P. Sales of Motor Spirit and Diesel Oil Taxation Act. That application has been disposed of by the District Magistrate by the impugned order dated 4-11-1977.

(3.) HAVING heard the learned counsel for the petitioner and learned Standing Counsel, we find that the stand taken by the respondent for not granting registration certificate to the petitioner is on the face of it unsustainable in law. Rule 6 of the U. P. Sales or Purchase of Motor Spirit, Diesel Oil and Alcohol Taxation Rules 1977 framed under the aforesaid Act provides :