WPMS/2701/2022
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Uttarakhand High Court

WPMS/2701/2022 on 6 May, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                              COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
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                                      WPMS No. 2701 of 2022
                                      Hon'ble Rakesh Thapliyal, J.

1. Ms. Sukhwani Singh, learned counsel, holding brief of Mr. Parikshit Saini, learned counsel for the petitioner.

2. Mr. Devesh Ghildiyal, learned Standing Counsel for the State.

3. Petitioner is aggrieved by the order dated 03.10.2022 passed by the District Magistrate whereby application of the petitioner for grant of Petty Diesel Retail Outlet was rejected on the ground that license was expired and it was not renewed within the stipulated period. Initially, license was granted in favour of petitioner's husband and subsequently, he died, and thereafter, the District Magistrate on 22.10.2010 instead of renewing the license, transferred the license in favour of the petitioner, which was earlier granted to the husband of the petitioner. Subsequently, license so transferred was renewed from time to time till 2020.

4. The case of the petitioner is that petitioner moved an application for renewal of license but the same was rejected by observing that application for renewal has been moved beyond stipulated period under the order of 1981 though the case of the petitioner is that at that time, there was Covid 19 Pandemic, so period of delay will not come in the way. The petitioner filed a writ petition before this Court and this Court finally disposed of the writ petition with a direction to the respondents to consider the representation for renewal of the license but the same was rejected on the ground that renewal application was presented beyond the stipulated. Again the petitioner approached this Court by filing WPMS No. 1118 of 2021 and this Court disposed of the writ petition by order dated 18.06.2021 by directing the respondents to consider the application of the petitioner for grant of fresh license for Petty Diesel Retail Outlet.

5. In compliance of the directions issued by this Court, the District Magistrate, Haridwar, by order dated 30.08.2021 again rejected the representation of the petitioner by referring Government Order dated 26.04.2002 on the ground that norms as required for the Petty Diesel Retail Outlet are not fulfilled since there are in the surrounding other retail outlets of diesels. Again, the petitioner has approached this Court, by filing WPMS No. 1929 of 2021 wherein reference was made that the condition of the Government Order on the basis of which representation of the petitioner was rejected by the District Magistrate by order dated 30.08.2021 was already quashed by the Division Bench of this Court by judgment dated 13.08.2003 passed in WPMS No. 252 of 2003. The Coordinate Bench of this Court by taking into consideration the fact that the condition of the Government Order has already been quashed on the basis of which the representation of the petitioner was rejected, remitted back to the District Magistrate, Haridwar to consider the representation of the petitioner in accordance with law. When this order was not complied by the competent authority, petitioner preferred a civil Contempt Petition No. 258 of 2022 and this Court while disposing of the Contempt Petition on 18.08.2022 gave liberty to the petitioner to move before the District Magistrate within ten days and District Magistrate was directed to decide the matter afresh in terms order passed in WPMS No. 1929 of 2021. Thereafter, pursuant to this order, the District Magistrate again by the order impugned dated 03.10.2022 rejected the application of the petitioner on the ground that the application for renewal was not filed within time.

6. Learned counsel for the petitioner submits that order impugned has not been passed strictly as per mandate of order passed by this Court and this is nothing but appears to be flagrant violation of directions issued by this Court. Earlier, representation was rejected by giving reference of Government Order dated 26.04.2002 though its condition on which representation was rejected has already been quashed by the Division Bench of this Court and again when the matter was remitted back the District Magistrate rejected the representation on the ground that since there is delay, license cannot be renewed, as the same is beyond the stipulated period.

7. List on 14.05.2025.

8. On that date, the District Magistrate, Haridwar shall join the proceedings through V.C. to explain why representation of the petitioner are being rejected repeatedly on different grounds.

(Rakesh Thapliyal, J.) 06.05.2025.

SKS