South Kashmir Petroleum Dealers ... vs State Of Jk & Ors
2021 Latest Caselaw 755 j&K/2

          13.07.2021
          Altaf

                                                                            Sr. No. 210
                                                                            Advance List
                           IN THE HIGH COURT OF JAMMU AND KASHMIR
                                         AT SRINAGAR
                                            LPAOW No. 28/2018
               South Kashmir Petroleum Dealers Association                     ...Petitioner(s)

               Through: Mr. Rizwan Ahmad, Adv.
                                                      Vs.
               State of JK & Ors.                                             ...Respondent(s)

               Through: Mr. D. C. Raina, AG with Mr. Sajad Ashraf, GA.

               Coram: HON'BLE THE CHIEF JUSTICE
                      HON'BLE MR JUSTICE SANJAY DHAR, JUDGE
                                                 ORDER

13.07.2021

1. Heard learned counsel for the parties.

2. The writ petition of the petitioner-appellant was dismissed vide judgment and order dated 20th March 2008. Hence, he has preferred this appeal.

3. The petitioner-appellant in the writ petition claimed that the land in question is Abi-awal and it should not be allowed to be converted for commercial use; the No Objection Certificate granted for developing the said land be quashed; and the private respondents be restrained from establishing a petrol pump on it.

4. The writ petition has been dismissed as premature and not maintainable for the simple reason that the petitioner with regard to use of the land may approach the revenue authorities and that the Deputy Commissioner has not issued any license or any permission in favour of the private respondent for establishing the petrol pump in accordance with the provisions of the Petroleum Act, 1934.

5. There are no pleadings to the effect that the private respondent has been allotted any retail outlet of petrol pump by any oil company and therefore in the absence of any such allotment, there is hardly any scope for establishing a petrol pump.

6. In view of the above, we find no error on part of the writ court in dismissing the writ petition as premature.

7. The appeal lacks merit and is dismissed.

                               (SANJAY DHAR)                   (PANKAJ MITHAL)
MOHAMMAD ALTAF NIMA
2021.07.15 11:42                      JUDGE                      CHIEF JUSTICE
I attest to the accuracy and
             SRINAGAR
integrity of this document
          13.07.2021