MANOJ S/O MOHANLAL BILALA Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Rule. Heard finally with the consent of the learned Counsel for the parties.

(2.) The petitioner is aggrieved by the order dated 24-2-2014 passed by the respondent No.1 whereby the objections raised by the petitioners to the tenability of the appeal filed by the respondent No.3 has been rejected.

(3.) The facts relevant for adjudication of the present writ petition are that on 30-8-2012, the respondent No.4 filed an application before the respondent No.2 praying that the petroleum outlet run by respondent No.3 be directed to be closed. Similar application was made by the petitioner No.1 on 31-8-2012. There was also a letter dated 17-9-2012 issued by the respondent No.2 on the same matter. In view thereof, the Additional District Magistrate, Akola held an enquiry. Both the parties were noticed and after considering their respective cases, the Additional District Magistrate on 10-6-2013 made a proposal observing therein that after the death of one Shri Hajarimal Onkarmal on 26-5- 1959, the noobjection certificate of the District Magistrate dated 16-4- 1959 was not valid. It was further observed that though a request was made for stopping supply of petrol, such powers were not vested with the District Magistrate. This proposal was then submitted to the District Magistrate who approved the same on 15-6-2013. On 17-6-2013, the aforesaid report was forwarded by the District Magistrate to the Joint Chief Controller of Explosives. The respondent No.3 being aggrieved by the proposal dated 10-6-2013 filed appeal under Rule 154 of the Petroleum Rules, 2002 (for short the Rules). In the appeal, there was a prayer to set aside the report of the Additional District Magistrate dated 10-6-2013 as well as approval granted by the District Magistrate on 15 -6-2013.