NEETU PARMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India has sought issuance of a writ in the nature of certiorari quashing the order annexure P-12 dated June 7, 2012 passed by District Magistrate-cum-Deputy Commissioner, Bhiwani declaring "No Objection Certificate" of District Magistrate issued earlier on February 21, 2012, annexure P-4 as inoperative on the ground that it is violative of rules of natural justice and the provisions of the Petroleum Rules, besides being discriminatory. The jurisdiction of the District Magistrate to cancel the order of No Objection granted earlier has also been questioned in the present writ petition.

(2.) Petitioner claims that she is a dealer of Hindustan Petroleum Corporation Ltd. Vide order dated February 21, 2012, respondent No.4 had issued No Objection Certificate under Rule 144 of the Petroleum Rules, 2002 but the same has been declared inoperative.

(3.) In the reply filed by respondent No.3, Hindustan Petroleum Corporation Ltd. admitted that the District Magistrate had issued No Objection Certificate annexure P-2 but the competent authority under the Rules to issue No Objection Certificate for setting up a retail outlet, is District Magistrate who has exercised his statutory power by issuing "No Objection Certificate" annexure P-4. The reason for declaring the No Objection Certificate illegal is that the distance of the intersection road to the fuel pump in question from intersection is 82 mtrs. which does not fulfill the guidelines issued by IRC from time to time and the distance of petrol pump from nearest petrol pump is 100 meters which violates the condition No.7 of NOC issued by PWD (B & R) vide letter No. 598 dated February 10, 2011. The operative part of the order annexure P-12 reads as follows:-