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1990 Supreme(SC) 415

KULDIP SINGH, M.H.KANIA
Yogesh Kumar – Appellant
Versus
Bharat Petroleum Corporation LTD. – Respondent


Advocates:
D.M.Nargolkar, L.M.SINGHVI, PRAMOD DAYAL, T.S.KRISHNAMURTHY IYER

Judgment

 On the facts and circumstances of the case including the facts set out in the counter-affidavit filed by R. B. Sahi we are not inclined to interfere with the impugned order passed by the Allahabad High Court.

2. Very briefly stated respondent No. 1 is the owner of a Petrol Pump which is set up on a site in Dehradun, of which respondent No. 1 is the lessee. The No Objection Certificate granted for conducting the said Petrol Pump was cancelled by respondent No. 5, the District Magistrate of Dehradun, and that order was upheld by the Commissioner. The Division Bench of the Allahabad High Court by the impugned judgment set aside the order of the Commissioner. The Special Leave Petition is directed against the said order as we have already observed we see no reason to interfere with the actual order passed by the Division Bench but we would like to make a clarification regarding the interpretation of R. 151 of the Rules framed in 1976 under the Petrolium Act.

3. Rule 144 of the said Rules deals with the issue of a No Objection Certificate for a new license for running a Petrol Pump. Rule 151 deals with the cancellation of the No Objection Certification and the said rule reads as







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