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2017 Supreme(P&H) 2392

M.M.S.BEDI
Neetu Parmar – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Sanjay Vashisth, Advocate.
For the Respondents:A.K. Yadav, Addl. A.G., Haryana and Raman Sharma, Advocate.

JUDGMENT :

M.M.S. BEDI, J.

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India has sought issuance of a writ in the nature of certiorari quashing the order annexure P-12 dated June 7, 2012 passed by District Magistrate-cum-Deputy Commissioner, Bhiwani declaring "No Objection Certificate" of District Magistrate issued earlier on February 21, 2012, annexure P-4 as inoperative on the ground that it is violative of rules of natural justice and the provisions of the Petroleum Rules, besides being discriminatory. The jurisdiction of the District Magistrate to cancel the order of No Objection granted earlier has also been questioned in the present writ petition.

2. Petitioner claims that she is a dealer of Hindustan Petroleum Corporation Ltd. Vide order dated February 21, 2012, respondent No.4 had issued No Objection Certificate under Rule 144 of the Petroleum Rules, 2002 but the same has been declared inoperative.

3. In the reply filed by respondent No.3, Hindustan Petroleum Corporation Ltd. admitted that the District Magistrate had issued No Objection Certificate annexure P-2 but the competent authority under the Rules to issue No Objection Certifi












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