MOHAMED ABDUL NAYEEM ZAKEE Vs. STATE OF TELENGANA

JUDGEMENT

(1.) The present writ appeal is arising out of an order dtd. 15/12/2020, passed in W.P.No.17795 of 2019 by the learned Single Judge dismissing the writ petition filed by the petitioner.

(2.) The facts of the case reveal that the appellant/ petitioner before this Court has filed a writ petition being aggrieved by Order dtd. 20/3/2019 passed by the Commissioner of Police, Hyderabad refusing to grant 'No Objection Certificate' (NOC) for establishment of Auto LPG Dispensing Unit' at premises bearing Nos.5/8/110, 5/8/110/1 to 5, situated at Nampally, Hyderabad. The writ petition is also against the order passed by the State Government rejecting the Appeal of the appellant/ petitioner vide Order dtd. 31/7/2019.

(3.) The facts of the case reveal that the appellant/ petitioner, who is the owner of land situated at Nampally Main Road having an area of 700 square yards, wanted to establish Auto LPG Dispensing Unit under the licence from M/s.SHV Energy Private Limited, Hyderabad, franchisee of M/s.Super Gas. The appellant/petitioner has submitted an application keeping in view the Explosives Act, 1884 submitting site plans and drawings of the proposed installations to the licensing authority and on 1/1/2019, the drawings of the proposed installations were approved by the competent authority. The petitioner's submission is that Rules have been framed in exercise of powers conferred under Ss. 5 and 7 of the Explosives Act, known as the 'Static and Mobile Pressure Vessels (Unfired) Rules, 2016' (hereinafter referred to as 'the SMPV(U) Rules') and the said Rules provide a mechanism for grant of permission to operate Auto LPG Dispensing Unit. The petitioner's submission is that under Chapter V of the SMPV(U) Rules, licence was granted and there is a procedure prescribed for grant of licence. The petitioner's submission is that under Rule 47 of the SMPV(U) Rules, the grant of NOC is mandatory and the competent authority is required to grant NOC in terms of the Rules and the Commissioner of Police, Hyderabad does not have any discretion to reject the application for grant of NOC. The petitioner's application for grant of NOC is rejected by the Commissioner of Police, Hyderabad and aggrieved thereby, the appellant/petitioner has filed an Appeal and the same has also been dismissed by the State Government by Order dtd. 31/7/2019. The appellant/ petitioner has preferred a writ petition i.e., W.P.No.17795 of 2019 before this Court and the learned Single Judge has dismissed the writ petition holding that NOC is necessary under the Rules.