Disposed

M/S. Jhinjha Filling Station v. Union of India

Rajasthan HC19 Feb 2021CW/2669/2021

Case brief

AI extract

What is this about?

Held an order disposing of a writ petition under Article 226 regarding a dispute over the establishment of a retail fuel outlet on national highway land. The court directed a district collector to consider a representation before issuing a No Objection Certificate. The petition was disposed of.

What did the court decide?

Directed the District Collector to consider the representation of the petitioner's father-in-law before issuing any NOC and to pass a speaking order.

M/S. Jhinjha Filling Station Vs Union of India — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2669/2021

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M/s. Jhinjha Filling Station, Ren District Nagaur Through Proprietor Smt. Vimla Devi W/o Shri Sunil Jhinjha, Aged About 36 Years, R/o Ren, Tehsil Merta, District Nagaur.

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----Petitioner

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Versus

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Union Of India, Through Secretary, Ministry Of Road Transport And Highway, Parivahan Bhawan, Sansad Marg, New Delhi.

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The Regional Officer, Ministry Of Road Transport And Highway, Dcm, Ajmer Road, Jaipur.

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The Executive Engineer, Public Works Department, National Highway Division, Ajmer, Rajasthan.

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The District Collector, Nagaur.

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Hindustan Petroleum Corporation Ltd., (A Govt. Of India Enterprises), Registered Office 17, Jamshed Ji Tata Road, Mumbia Through Its Managing Director.

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Divisional General Manager Retail And Duly Constituted Attorney, Hindustan Petroleum Corporation Ltd., Jodhpur Retail Region, Diesel Shed Road, Bhagat Ki Kothi, Jodhpur.

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Jodhpur Retail Regional Office, Hindustan Petroleum Corporation Ltd., Diesel Shed Road, Bhagat Ki Kothi, Jodhpur Through Its Head Of Regional Office.

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Smt. Mamta W/o Shri Ramesh Chand Pareek, R/o Near Charbhuja Mandir, Medas Tehsil Riyanbadi District Nagaur.

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----Respondents

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For Petitioner(s) : Mr. RS Choudhary For Respondent(s) :

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

19/02/2021

(2 of 3)

[CW-2669/2021]

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioner has preferred this petition under Article 226 of

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the Constitution of India claiming the following relief:-

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"(i) The impugned letter of intent dated 06.11.2019 (Ann.5) issued by the HPCL and the letter of approval / provisional NOC dated 17.03.2020 (Ann.13) may kindly be quashed and set aside qua the petitioner.

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(ii) The respondent District Collector, Nagaur may kindly be restrained from granting the NOC for establishment of the retail outlet by the respondent no.8 in response of the communication dated 18.03.2020 issued by the Divisional General Manager Retail.

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(iii) The respondent no.8 may kindly be restrained from constructing the retail outlet over the proposed land of Khasra No.738 and 740 of Village Ren District Nagaur over the national highway no.89."

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Learned counsel for the petitioner has demonstrated from certain annexures and the checklist that the norms are not being followed strictly in accordance with law by the respondents.

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Learned counsel for the petitioner further submits that once the NOC is released, it will become an irreversible position, and therefore, while considering the petitioner's objection, certain restraints on issuance of notices be issued. It is also contended that objections have been made by the father-in-law of the petitioner.

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In light of such submission, the present petition is disposed of, while directing the respondents no.4 to consider the representation made by the father-in-law of the petitioner and

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(3 of 3)

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[CW-2669/2021]

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pass a speaking order before issuing any kind of NOC to the respondent no.8, strictly in accordance with law.

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Accordingly, the present petition is disposed of. Stay petition as well as all pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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42-Sudheer/-

M/S. Jhinjha Filling Station v. Union of India

Case brief

What is this about?

What did the court decide?

M/S. Jhinjha Filling Station v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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