Court No. - 40
Case :- WRIT - C No. - 21632 of 2021 Petitioner :- Rajiv Kumar Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vikas Budhwar,Gaurav Gautam Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard Sri Vikas Budhwar for the petitioner; the learned Standing Counsel for respondent nos. 1 to 4 and have perused the record.
According to the petitioner, the petitioner has dealership of Reliance Industries Limited for a petroleum retail outlet. The retail outlet was earlier functional but thereafter, was shut down as the company had shut down its retail operations. Now, the company has re-started its petroleum retail operations therefore, the petitioner wishes to re-start the retail outlet and, in this regard, he has applied for a no objection certificate from the District Magistrate under Rule 144 of the Petroleum Rules.
The prayer in this petition is to command the respondent no.2 (District Magistrate, Aligarh) to issue no objection certificate on the application submitted by fifth respondent i.e. the Reliance Industries Limited.
Considering that the petitioner claims himself to be a dealer of fifth respondent and, according to the case of the petitioner, the application for no objection certificate filed by the fifth respondent is still pending before the second respondent, without expressing any opinion on the merit as to whether the no objection certificate ought to be granted or not, we deem it appropriate to dispose of this petition by requiring the second respondent (District Magistrate, Aligarh) to address the pending application dated 20.11.2020 (Annexure-6 to the petition), expeditiously, preferably, within a period of six weeks from the date of filing a copy of this order in his office, after ascertaining whether the fifth respondent is interested or not in running of the retail out-let from the specified place as also whether the petitioner has a right to espouse the cause of the fifth respondent.
The petition stands disposed of.
Order Date :- 24.9.2021 sfa/