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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Ashish Kumar Rai – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard Sri Anil Tiwari, learned Senior Advocate assisted by Sri Dharmendra Shukla, learned counsel for the petitioner; Sri Gaurav Kumar Chand, learned counsel for the respondent No. 1/Union of India; Sri S.C.Upadhyay, learned Standing Counsel for the State-respondent No. 3 and 4 and Sri Nishant Mehrotra, learned counsel for the respondent No. 2/HPCL.
2. The present writ petition has been preferred assailing the order impugned dated 1.6.2023 passed by District Magistrate, Jhansi (Annexure 1 to the writ petition) and the impugned report dated 17.5.2023 submitted by the Senior Superintendent of Police, Jhansi to the District Magistrate, Jhansi (Annexure 2 to the writ petition). Further prayer is made to issue direction commanding the District Magistrate, Jhansi to issue N.O.C. as required under Rules 144 of the Petroleum Rule 2002 read with Rule 48 of Gas Cylinder Rules, 2004 without any further delay.
3. The record in question reflects that Hindustan Petroleum Corporation Limited (in short, HPCL)/respondent No. 2 published an advertisement dated 25.11.2018 inviting applications for MS/HSD Retail Outlet Dealership at Location: Village Nohara on Badora Chauraha Basai Road, distr
The court established that the mere pendency of a criminal case cannot justify the denial of a No Objection Certificate under the Petroleum Rules.
Pendency of criminal cases cannot justify refusal of No Objection Certificate; presumption of innocence is a fundamental principle.
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.
There is no statutory prohibition against establishing retail outlets near residential areas if safety norms are met.
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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