Jharkhand High Court
Kunal Kumar Gupta vs The State Of Jharkhand on 7 February, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(C) No. 6672 of 2022
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Kunal Kumar Gupta, aged about 40 years, Son of Bijay
Kumar Sah, Resident of House no. 49, Near B.S.N.L
Exchange, Jamundi, P.O., P.S. Jamundi & District Dumka
....Petitioner
Versus
1. The State of Jharkhand.
2. The Secretary, Revenue, Registration & Land Reforms
Department, Government of Jharkhand, Project
Bhawan, P.O., P.S. Dhurwa & District-Ranchi
3. The Deputy Commissioner, Dumka, P.O.,P.S. & District-
Dumka.
4. The Additional Collector, Dumka, P.O.,P.S. & District-
Dumka.
5. The Sub-Divisional Officer, Dumka, P.O.,P.S. & District-
Dumka.
6. The Deputy Collector, Land Reforms, Dumka, P.O., P.S.
& District-Dumka
7. The Circle Officer, Jarmundi, P.O., P.S. & District-
Dumka.
8. The Indian Oil Corporation Limited, through its General
Manager, having its office at Industrial Area, Lodhi
Road, P.O., P.S. & District New Delhi
9. The Divisional Retail Sales Head 'F', Indian Oil
Corporation Limited, having its office at Dhanbad
Divisional Office, Indian Oil Bhawan, Luby Circle Road,
P.O., P.S. & District Dhanbad
....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Shubham Gautam, Advocate
For the Resp.-State : A.C to AAG-III
For the Resp. Nos. 8 & 9 : Mr. Rahul Lamba, Advocate
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12/07.02.2025 Heard learned counsel for the parties.
2. The instant writ application has been preferred
by the petitioner for the following reliefs:
(i) For quashing the letter nos. 1171 dated
14.11.2022 (Annexure-2) & letter no. 368 dated
30.11.2022 (Annexure-3) issued under the pen and
signature of respondent nos. 4 & 5 whereby and
whereunder upon erroneous consideration of fact that
the land appertaining to khata no. 27, plot no. 688 &
area 0.98 decimal of Mauza Gardi has not been
acquired with the sanction of the competent authority
and relying upon the order dated 12.03.2013 passed
in W.P.(C) No. 5222/2012 which has no bearing to the
case of the petitioner and has been ordered in a
completely different facts and circumstances, have
rejected the petitioner's application for grant of No
Objection Certificate for installation of the petrol pump
upon the land in question.
(ii) For commanding upon the respondents
particularly respondent nos. 3 & 4 to issue the No
Objection Certificate in favour of the petitioner for
installation of petrol pump over the land appertaining
to Mauza Gardi, khata no. 27, plot no. 688, area 0.98
acres.
(iii) In the interim, the Letter of Intent dated
02.06.2022 (Annexure-1) issued by respondent no. 9
be kept in abeyance during the pendency of the writ
petition.
3. Learned counsel for the petitioner draws
attention of this Court towards the impugned order which
is at Annexure-3 and submits that the Deputy
Commissioner has refused to grant No Objection Certificate
(in short 'NOC') relying upon an order passed in W.P(C)
No. 5222 of 2012 which was not at all related with granting
of NOC by the Deputy Commissioner.
Learned counsel further submits that it is only
under Rule 144 of the Petroleum Rules, 2002, the Deputy
Commissioner can reject the application granting NOC.
Learned counsel further draws attention of this
Court towards the order passed by this Court in W.P (C)
No. 6245 of 2024, wherein it has been decided that the
requirement to issue NOC is mandated in terms of Rule
144 of the Petroleum Rules, 2002 which also sets out the
grounds on which such request for grant of NOC can be
refused.
Learned counsel further contended that the
grounds for which the NOC has been rejected by the
concerned respondent is non-est in the eye of law as the
grounds does not find place in Rule 145 of the Petroleum
Rules; as such the concerned Deputy Commissioner may
be directed to issue NOC if there is no other impediments
as laid down in Rule 144 of the Petroleum Rules, 2002.
4. Learned counsel for the respondents does not
dispute the aforesaid legal position and the judgment
rendered in the above referred case.
5. Having regard to the above, the instant writ
petition is hereby allowed in view of the fact that the
grounds for which the Deputy Commissioner has refused to
grant NOC is with regard to a title dispute of a land which
does not find any in Rule 144 of Petroleum Rules, 2002.
6. Accordingly, the instant writ petition stands
disposed of. The Deputy Commissioner, Dumka is directed
to issue NOC in favour of the petitioner for opening a retail
outlet dealership of Indian Oil Corporation upon the land of
Mauza Gardi, Khata No. 27, Plot No. 688, area 0.98 acres;
unless the same is otherwise prohibited by the grounds
enshrined under Rule 144 of the Petroleum Rules, 2002 or
any other applicable Rule and if such grounds is sought to
be used against the petitioner; then he must be provided
sufficient opportunity of being heard before a final decision
is taken in this regard.
7. With the aforesaid observations, the instant writ
application stands disposed of. Pending I.As, if any, is also
closed.
(Deepak Roshan, J.)
jk
