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MANISH PITALE
Swaraj Kisanrao Borkar – Appellant
Versus
Collector And District Magistrate, Chandrapur – Respondent


Advocates Appeared:
Mr. F.T. Mirza, Advocate for petitioner, for the Appellant; Mr. K.L. Dharmadhikari, Addl.G.P. for respondent Nos.1 & 2

JUDGMENT

1. Rule. Rule made returnable forthwith, heard finally with consent of the learned counsel appearing for the rival parties.

2. By this writ petition and petitioner has challenged orders passed by the District Magistrate and Divisional Commissioner, whereby No Objection Certificate granted to the petitioner to establish a petrol pump stood cancelled, primarily on the ground that it violated norms and guidelines of Indian Roads Congress 2009, as regards distance permissible between two petrol pumps on the same road/carriage way.

3. The facts leading up to filing of the present petition are that the petitioner applied for establishing a petrol pump i.e. a retail outlet under dealership of Indian Oil Corporation. The necessary formalities for allotment of the same were completed by the petitioner, which included No Objection Certificates from various departments, including Public Works Department etc. On the basis of having completed all documentary formalities and upon being found eligible, the respondent No.1 as the authorized officer granted the No Objection Certificate in favour of the petitioner.

4. Subsequent thereto, on a complaint that the proposed site of the petrol pump

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