Disposed

M/S S.S. Bio Petrochem Co. through Its Proprietor v. State of U.P. and 2 Others

Allahabad HC18 Jan 2023WRIC/1711/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directions to the District Magistrate, Hathras, to issue an NOC/license for petroleum storage. The Court did not decide the merits, directing the petitioner to submit a fresh representation to the authority, who must decide within two months.

What did the court decide?

Petitioner directed to move a fresh representation to the competent authority within two weeks; authority to decide within two months.

M/S S.S. Bio Petrochem Co. through Its Proprietor… — Service and Employment | Allahabad HC (2023)

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Court No. - 40

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Case :- WRIT - C No. - 1711 of 2023

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Petitioner :- M/S S.S. Bio Petrochem Co. Through Its Proprietor Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Tiwari,Tushar Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.

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Heard Shri Vikas Tiwari, learned counsel for the petitioner and Shri P.K. Giri, learned Additional Chief Standing counsel for the State-respondent.

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The present writ petition is preferred inter-alia for the following relief:-

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"(a) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 -District Magistrate, Hathras, to issue/grant, 'No Objection Certificate & License' for selling /storageof petroleum products at khasra No. 254, Khata No. 264, HatisaBhagwantpur, Tehsil & District Hathras, within the time period fixed by this Hon'ble Court.

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(b) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 District Magistrate, Hathras, to decide the petitioner's company application dated 12.01.2021 (Annex. No. 2 to the writ petition) for issuance of 'No Objection Certificate & License' for selling/storage of petroleum products at Khasra No. 254, Khata No. 264, Hatisa-Bhagwantpur, Tehsil & District Hathras, within the time period fixed by this Hon'ble Court."

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Learned counsel for the petitioner submits that the petitioner's company namely M/S S.S. Bio Petrochem Co. has been formed / constituted for selling /storage of petroleum products at Khasra No. 254, Khata No. 264, Hatisa-Bhagwantpur, Tehsil & District Hathras. He further submits that GST Registration Certificate dated 11.11.2020 as well as approval /permission letter dated 10.12.2020 have been issued by the Central Government and other departments have also granted NOC in favour of the petitioner for selling /storage of petroleum products.

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In this background, after getting NOC from other departments, petitioner has moved representation before respondent no. 2 for according NOC /license for selling /storageof petroleum products way back in year 2021 but till date the second respondent i.e. District Magistrate has not taken any decision in the matter for according NOC /license, as such inaction has compelled the petitioner to approach before this Court.

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Shri P.K. Giri, learned Additional Chief Standing Counsel has fairly stated that if any such application is pending consideration and the petitioner falls in that category for according NOC /License, then definitely competent authority will taken a final call in the matter.

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Considering the facts and circumstances, no fruitful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition stands disposed of, asking the petitioner to move a fresh representation appending all the relevant document, in case any such representation is preferred within a period of two weeks from today before the competent authority, this Court hope and trust that competent authority would proceed and decide the same strictly in accordance with law within two months, thereafter.

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Needless to say that this Court has not given any opinion on the merits of the case.

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Order Date :- 18.1.2023 Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

M/S S.S. Bio Petrochem Co. through Its Proprietor v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

M/S S.S. Bio Petrochem Co. through Its Proprietor v. State of U.P. and 2 Others

Case brief

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What did the court decide?

What the court decided

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