ORDER:

(Satish Chandra Sharma, J.)

1. The petitioners before this Court have filed this present petition being aggrieved by the establishment of a retail outlet of Bharat Petroleum Oil Corporation Limited at Miryalguda alleging that establishment of retail outlet is in violation of the guidelines framed by Indian Road Congress, 2009.

2. Various grounds have been raised by the petitioners stating that there are houses near the proposed site and the retail outlet is going to be a threat for inhabitants of the locality and, therefore, appropriate writ, order or direction may be given to the respondents not to allow respondent No.10 for establishing a retail outlet.

3. A detailed and exhaustive reply has been filed in the matter and the facts reveal that the Bharat Petroleum Oil Corporation Limited way back in the year 2018 has issued an advertisement for setting up of a retail outlet and respondent No.10 was selected for the purposes of installation of retail outlet. LOI was issued in favour of respondent No.10 and thereafter the Bharat Petroleum Oil Corporation Limited submitted an application for grant of NOC for the proposed retail outlet at Sy.No.40 Tadkamalla Road, Miryalaguda Village and Mandal, Nalgonda District.

4. The matter was looked into by the Revenue authorities, Superintendent of Police, Municipal Corporation, the Executive Engineer, R&B for submitting a detailed report. The Superintendent of Police has submitted a report on 18.06.2020 recommending the establishment of retail outlet by Bharat Petroleum Oil Corporation Limited and for grant of NOC. The Executive Engineer, Roads and Buildings, has also recommended the matter on 29.06.2020 by submitting a detailed report that NOC be issued in the matter. The petitioners’ objections have also considered by the authorities and after conducting proper enquiry, the matter has been recommended by the revenue authorities for issuance of NOC. The Commissioner, Miryalaguda Municipality, vide letter dated 10.08.2020 has also recommended for grant of NOC for establishment of retail out. Meaning thereby, all the authorities have recommended the matter for grant of NOC. The Petroleum Act, 1934 and the Rules made thereunder provides for NOC certificate for establishment of retail outlet.

5. Rule 144 of the Petroleum Rules, 2002 reads as under:

“144. No-objection Certificate. –

(1) Where the licensing authority is the Chief Controller or the Controller, as the case may be, an applicant for a new licence other than a licence in Forms III, XI, XVII, XVIII, or XIX shall apply to the District Authority with two copies of the site-plan showing the location of the premises proposed to be licensed for a certificate to the effect that there is no objection, to the applicant receiving a licence for the site proposed and the District Authority shall, if he sees no objection, grant such certificate to the applicant who shall forward it to the licensing authority with his application Form IX.

(2) Every certificate issued by the District Authority under sub-rule (1) shall be accompanied by a copy of the plan of the proposed site duly endorsed by him under his official seal.

(3) The Chief Controller or the Controller as the case may be, may refer an application not accompanied by certificate granted under sub-rule (1) to the District Authority for his observations.

(4) If the District Authority, either on a reference being made to him or otherwise, intimates, to the Chief Controller or the Controller, as the case may be, that any licence which has been applied for should not, in his opinion, be granted, such licence shall not be issued without the sanction of the Central Government.

(5) The District Authority shall complete his inquiry for issuing NO OBJECTION CERTIFICATE (NOC) under sub-rule (1) and shall complete the action for issue or refusal of the NOC, as the case may be, as expeditiously as possible but not later than three months form the date of receipt of application by him.

(6) Where