MD. SALAHUDDIN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner had approached this court for quashing of Memo No. 492 dated 7th March 2005 (Annexure-7) whereby the no objection certificate granted by the Deputy Commissioner, Ranchi (Respondent No. 2) dated 9th of September 2003 (Annexure-) for establishing petrol pump was cancelled.

(3.) RESPONDENTS have appeared and filed their counter affidavit as also counter to the rejoinder filed on behalf of the petitioner. Respondents have supported their stand by submitting that the factum of the pendency of the title suit was not brought to the knowledge of the official respondents by the petitioner. Learned counsel for the respondents further submits that immediately after issuance of no objection certificate, a complaint was received from certain quarters on the basis of which inquiry was held and the impugned order was passed. Learned counsel for the respondents relies upon the provisions of section 52 of the Transfer of Property Act to submit that the transaction of the petitioner suffers from lis pendence. However, counsel for the respondents does not dispute the fact that the impugned order was issued without any show-cause / notice to the petitioner.