The authority's decision to cancel the 'No Objection Certificate' was set aside, and the matter was remanded for reconsideration after providing due opportunity of hearing to the parties involved.

JUDGMENT :

The present writ petition is taken up today through Video conferencing.

Mr. Chanchal Jain, learned counsel for the petitioner while arguing the case has confined the prayer to the extent of quashing the order as contained in memo no.1591(ii) dated 27th August, 2020 (Annexure-12 to the writ petition), whereby the respondent no.3 has cancelled the ‘No Objection Certificate’ dated 9th July, 2020 issued in favour of the petitioner for installation of retail petroleum outlet over the land appertaining to Khata No.205, Plot No.825(P), Mouza-Simaliya, P.S. Ratu, District-Ranchi, measuring an area of 909.19 square meter (22.46 decimals).

An interlocutory application being I.A. No.639 of 2021 has been filed on behalf of the petitioner, praying inter alia to consider the joint compromise petition dated 1st December, 2020 (Annexure IA-2 to the said interlocutory application) executed between the petitioner and the complainants (respondent nos.8 and 9) and also praying for issuance of direction upon the respondent no.3 to recall the impugned order as contained in memo no.1591(ii) dated 27th August, 2020 by issuing fresh ‘No Objection Certificate’ in favour of the petitioner for installation of retail petroleum outlet over the said land.

A reply affidavit dated 5th April, 2021 in response to I.A. No. 639 of 2021 has been filed on behalf of the respondent nos.8 and 9. Paragraphs 8 and 9 of the said reply affidavit reads as under:-

“8. That it is humbly stated and submitted that the issue involved in the present writ petition had already been resolved between the petitioner and the answering respondents and in that view of the matter, the prayer of the petitioner may be allowed and No Objection Certificate for installation of petrol pump upon the land of Khata No.205, Plot No.825, Area 909.19 square meter (22.46 decimals) at Mauza Simaliya may be issued in her favour.

9. That it is humbly stated and submitted that if the Fraudulent Registration Case No.05/2018-19 remains pending in the court of Deputy Commissioner, Ranchi against the opposite parties save and except the petitioner Anju Singh @ Anju Devi by excluding the name of the petitioner from the Fraudulent Registration Case No.05/2018-19, the answering respondents shall have no objection.”

Having heard learned counsel for the parties and keeping in view the statement made on behalf of the respondent nos.8 and 9 in their affidavit dated 5th April, 2021 (who were the complainants before the respondent no.3), this Court is of the view that the issue with regard to issuance of ‘No Objection Certificate’ to the petitioner for installation of retail petroleum outlet over the land in question requires reconsideration by the respondent no.3.

Accordingly, the order as contained in memo no.1591(ii) dated 27th August, 2020 issued by the respondent no.3 cancelling the ‘No Objection Certificate’ earlier issued to the petitioner is, hereby, set aside. The matter is remanded to the respondent no.3 to consider the petitioner’s request for issuance of ‘No Objection Certificate’ for installation of the retail petroleum outlet over the land in question after providing due opportunity of hearing to the petitioner as well as the respondent nos.8 and 9. The said order shall be passed by the respondent no.3 within a period of one month from the date of receipt/production of a copy of this order.

The writ petition is accordingly disposed of.

Pending interlocutory applications, if any, are also disposed of accordingly.