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2011 Supreme(P&H) 1602

K.KANNAN
Bhupinder Singh son of late Shri Piara Singh – Appellant
Versus
State of Punjab, through Divisional Commissioner, Patiala, Division Patiala – Respondent


Advocates:
For the Petitioner:Mr. Vinod S. Bhardwaj, Advocate.
For the Respondents 1 and 2: Mr. Navdeep Sukhna, DAG, Punjab.
For the Respondent No.3:Mr. Girish Agnihotri, Sr. Advocate, with Mr. Vijay Pal, Advocate.
For the Respondents 4 and 5:Mr. M.L. Saggar, Sr. Advocate, with Mr. G.P. Vashisht,
Advocate, and Mr. Gurpreet Singh, Advocate.

JUDGMENT

Mr. K. Kannan, J.: - The petitioner, who had the benefit of allotment of a petrol pump after securing all statutory clearances and whose petrol pump had been commissioned after issuance of letter of intent, faced an obstacle by the District Magistrate, cancelling the ‘No Objection Certificate’ (NOC) already issued. This change in the stand had arisen when two persons, who were arrayed as respondents 4 and 5, filed a writ petition in CWP No.18655 of 2004, challenging the allotment made in favour of the petitioner, contending that the location of the petrol pump was a place different from what was advertised by the Oil Company. This allotment was exclusively for Scheduled Caste candidate and the 4th respondent also belonged to the Scheduled Caste category, but incidentally he had not even applied. The 5th respondent belonged to the General category and it is not very clear what his locus standi was. When the above writ petition filed at their instance was pending, the District Magistrate was reported to have taken a fresh appraisal on the location of the property with reference to the revenue records and cancelled the NOC already granted on the grounds essentially that the l


























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