Disposed

Shri Bablu Kumar v. State of U.P. and 4 Others

Allahabad HC21 Jan 2021WRIC/27611/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking a No Objection Certificate for a petrol pump location, directing the authority to pass an order within a month without applying the impugned dates and addressing the applicability of specific guidelines.

What did the court decide?

Petition disposed directing authority to pass order for NOS issuance within a month ignoring impugned orders.

Shri Bablu Kumar Vs State of U.P. and 4 Others — Allahabad HC (2021) — LawSathi Research

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Court No. - 21

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Case :- WRIT - C No. - 27611 of 2020

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Petitioner :- Shri Bablu Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- C.S.C.,Vikas Budhwar

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Sunil Kumar for the petitioners; Sri Bipin Bihari Pandey, learned Chief Standing Counsel for the State-respondents and Sri Vikas Budhwar, learned counsel for respondent no. 5.

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The present writ petition has been preferred assailing the order impugned dated 16.1.2020 (Annexure No. 10) and the order dated 24.1.2020 (Annexure No. 11) passed by the respondent no. 4 and 3 respectively. With a further request commanding the respondents to reconsider the case of the petitioner for grant of No Objection Certificate for the location village Kaulakha, Block Barauli Ahir on Kaulakha to Ukharra Road, Revenue District Agra, State of U.P. ignoring the orders dated 16.1.2020 & 24.1.2020 passed by the respondent no. 4 & 3.

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At the very outset, learned counsel for the parties have placed the order dated 6.1.2021 passed by coordinate Bench of this Court in Writ C No. 21300 of 2020 and asked for similar indulgence.

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The sole issue which has cropped up in this petition as to whether the petitioner who holds a letter of intent issued by oil corporation for installation of petrol pump would fall under the previous guidelines or guidelines dated 4.12.2019.

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Sri Vikas Budhwar, learned counsel for the respondent on the strength of guidelines dated 24.12.2020 supports the case of the petitioners and submits in the present matter, the claim is to be considered as per previous guidelines. He has also placed reliance upon certain1-2 clarification given by Senior Staff Officer, P.W.D., Lucknow. The relevant is extracted below.

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" mPp Lrjh; rduhdh lfefr dh cSBd fnukad 18-3-2020 ¼Nk;kizfr layXu½ esa fy;s x;s mijksDr of.kZr fu.kZ; ds dze esa Li"V fd;k tkrk gS fd ftu ekeyksa esa vkW;y dEiuh }kjk fuxZr foKkiu dh frfFk 'kklukns'k fnukad 04-12-2019 ds iwoZ dh gks] mu leLr izdj.kksa dk fuLrkj.k iwoZ 'kklukns'kksa esa fu/kkZfjr O;oLFkkvksa ds vuqlkj {ks=h; eq[; vfHk;Urkvksa }kjk djk;k tk;sxkA "

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In the facts and circumstances, no useful purpose would be served by keeping this petition pending and with the consent of the parties, the writ petition is disposed of with a direction that if the petitioners approach the competent authority along with a copy of this order, the said authority shall pass appropriate order relating to issuance of 'NOC', in accordance with law, as expeditiously as possible and preferably within a month from the date of receipt of this order ignoring the orders impugned.

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The party shall file computer generated copy of such order downloaded

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from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 21.1.2021 A.K.Srivastava

Shri Bablu Kumar v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Shri Bablu Kumar v. State of U.P. and 4 Others

Case brief

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What did the court decide?

What the court decided

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