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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan
Mrityunjay Kumar Singh @ Mrityunjay Kumar – Appellant
Versus
State of Jharkhand through Deputy Commissioner, Latehar – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following relief: -
(i) For issuance of writ in the nature of certiorari, for the quashing the order dated 22.10.2024 (Annexure-8), passed by Respondent no.-2, in Miscellaneous Case No. 100 of 2024, whereby and where under the respondent no.-2 has been pleased to refuse to grant No Objection Certificate for setting up Petrol Pump, on the basis of opinion of Additional Superintendent of Police, NIA, Ranchi, that petitioner is charge sheeted in RC- 38/2020/NIA/DLI and RC-25/2020/NIA/DLI and both cases are pending in the Court of Special Judge, NIA, Ranchi.
(ii) Further after setting aside the order dated 22.10.2024, passed by Respondent no.-2, in Miscellaneous Case No. 100 of 2024, further prays for issuance of a writ in the nature of mandamus, directing upon the respondent no.-2 to grant No Objection Certificate for opening of Retail Outlet Dealership of Indian Oil Corporation Ltd. at Bhusar, District-Latehar, corresponding to Mauza- Bhusar, Thana- Chandwa, Thana No. 283, Khata No.-New-25, old- 13, Plot No. New- 126, old-49, area- 2250 sq. MTR,
Pendency of criminal cases cannot justify refusal of No Objection Certificate; presumption of innocence is a fundamental principle.
The court established that the mere pendency of a criminal case cannot justify the denial of a No Objection Certificate under the Petroleum Rules.
Criminal history does not disqualify an applicant for a No-Objection-Certificate if not specified in the eligibility criteria, as determined by the relevant authority.
whether granted by Gram Panchayat, is found to be incorrect, and as such, this Court is not inclined to exercise the equitable jurisdiction in favour of the petitioner in addition to the petitioner h....
A No Objection Certificate for establishing a Petroleum Retail Outlet can be issued if the applicant is in lawful possession of the site through a leasehold arrangement, despite objections from nearb....
The court establishes that local objections are not material for NOC applications under Rule 144 of the Petroleum Rules, 2002.
The main legal point established in the judgment is that the communication dated 13-6-2016 was not an appealable order under Rule 154(2) of the Petroleum Rules, 2002.
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