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2017 Supreme(UK) 76

SUDHANSHU DHULIA
Kailash Chand – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajendra Dobhal, Mr. Dinesh Gehtori
For the State : Ms. Prabha Naithani
For the Respondents: Mr. C.K. Sharma, Mr. Siddartha Sah

JUDGMENT :

Sudhanshu Dhulia, J.

1. The petitioner before this Court is an ex-serviceman and the Kargil War Veteran. Under a scheme of Government of India where Kargil War Veteran (ex-serviceman army personnel) were to be given certain privilege and benefit. Under the said scheme, the petitioner applied for a petrol-pump, as the petitioner was eligible under the said scheme and he was allotted a petrol-pump by a company, namely, Hindustan Petroleum Corporation Ltd. (in short ‘HPCL’). The petitioner applied for allotment of petrol-pump at Village Satuiya (Pull Bhatta), Kichha, Udham Singh Nagar. After completing all the formalities for verification of the documents from the relevant organizations, the petitioner was given a ‘No Objection Certificate’ by the District Magistrate, Udham Singh Nagar on 23.09.2013. This ‘No Objection Certificate’ was subsequently cancelled by the District Magistrate without affording an opportunity of hearing or show cause to the petitioner on 09.12.2013, on a complaint made by one Mr. Tahir Ali – respondent No. 3 in the present writ petition.

2. As per the Government Order dated 17.11.2011, if two petrol-pumps are established at one side of the road, the mi









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