Writ petition seeking direction to obtain No Objection Certificate for an MS/HSD retail outlet under Article 226 was closed with the respondents resolving the grievance off court.
Writ petition closed; respondents to consider representation and seek No Objection Certificate shortly. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO
(Special Original J urisdiction)
THURSDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 8757 OF 2021
Betwee n:
JADHAV CHllvlA NIAYAK, S/o Gopal Rao, aged 38 years R/o 4-90, Chima Nayak Tanda, Nagapur Pcst and Gram Panchayat Utnoor, Adilabad District.
...PETITIONER
AND
...RESPONDENTS
Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances Stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents in not taking steps for obtention of No Objection Certificate from the District Collector, Adilabad for establishment of MS/ HSD Retail Outlet in the land admeasuring Ac.1.00 in Sy No. 49/1/A situated at Gangampet Village, Utnoor Mandal, Adilabad District as illegal, arbitra.y and violative of Arts. 14 and 300-4 of Constitution of lndia and to consequently direct the Respondent Nos. 3 and 4 to forthwith consider the representation made by petitioner on 4.2.2021 and take up the matter with District Collector, Adilabad for grant of No Objection Certificate for establishment MS/HSD Retail Outlet in the land admeasuring Ac.1 .00 in Sy No. 49111 A situated at Gangampet Village, Utnoor Mandal, Adilabad District with regard to Letter of lntent awarded to the petitioner by the Respondents vide proceedings dated 1.'l 1.2017 in No.N/2017l1N000523/TG/000014t4405t)0011 ;Award costs.
lA NO: 1 OF 2021
Petition under Section'1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions to the Respondent Nos. 3 and 4 to fofihwith consider the representation made by petitioner on 4.2.2021 and take up the matter'/iith the District Collector, Adilabad for grant of No Objection Certificate for establishment MS/HSD Retail Outlet in the land admeasuring Ac.1.O0 in Sy No. 49/1/A situated at Gangampet Village, Utnoor lVandal, Adilabad District,pending disposal of Writ Petition No. of 2021.
Counsel for the Petitioner: SRI K. RAGHUVEER REDDY
Counsel for the Respondent No.1: SRI NAMAVARAPU RAJESHWAR RAO,
ASST. SOLICITOR GENERAL
Counsel for the Respondent Nos.2 to 4: M/s. DOMINIC FERNANDES The Court made the following: ORDER
'IHE ,T{ON']}LE SRI JUSTICE ABHINAND KUMAR SHAVILI WFIIT PE ITI N No.8757 of 2021
()Rt)t|R:
When the matrer is taken up for hearing, Standing Counsel appearing for respondent Nos.2 to 4 hacl informed the Coun thar rhe respondents are considerjng the case of the petitioner for issuing revised 'Letter of Intent' and thereafter', the respondents wourd seek 'No ob-iectiorr certilrcate' from the District Collector, and thereby the grievance of the petitioner woulc.l be resolved shortly.
Counsel for the petitioner has also not disputed about the submissions of the Standing Counsel.
Recording the submissions of the Standing Counsel that the grie'ance of the petitioner would be resolved shortly, the writ petition is closed. No order as to costs.
Pending nriscellaneous petitions, il.any, shall stand closed.
To,
SD/.I.NAGALAKSHMI ASS|STANT REGZRAR //TRUE COPY// sEcTtoN drrrcen
1 i2 ;ffi F"FlS3 I [ ; ffi?iy,]E;'ffj$fi]iX:::,i JS :S".,,1,", G e n e ra, Ad vo ca te [oPUCl 3, 4. ffS 33 3ffioon.'n't Fernandes, Advocate topucl sll't <sup>j*--
HIGH COURT
DATED:08/04/2021
ORDER
WP.No.8757 of2021
:: N
(
lt; 0 ) 20pt
<br>
CLOSING THE WP WITHOUT COSTS
@
<br>q\r ><br>
2 provisions across 2 enactments
Jadav Chima Nayak
Union of India
Indian Oil Corporation Limited
Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited
Deputy General Manager (Retail Sales), Indian Oil Corporation Limited
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
