Shaik Rahamtulla S/O Abdul Gafoor v. The Government Of Telangana

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.18397 OF 2014 ORDER:

This writ petition has been heard and taken up along with W.P.Nos.15431, 15727, 17346, 17557 and 17564 of 2014. The petitioner applied for grant of No Objection Certificate for establishing a retail outlet of Hindusthan Petroleum Corporation Limited under the Petroleum Act and Rules. The proposed outlet is at Sy.No.5/ 19A at Peddanapalli Village, Kasipet Mandal. Adilabad District. The petitioner filed W.P.Nos.15431 and 15727 of 2014 challenging the notice dated 12.05.2014 and the order of resumption dated 06.06.2014. This Court has vide separate order set aside the notice and the order passed by Tahsildar and has given liberty to Tahsildar to proceed in accordance with law. The order impugned in the writ petition refers to the orders passed by Tahsildar on 06.06.2014.

This Court is the view that unless and until the rights of parties are crystallized, the consideration of grievance against the refusal order dated 19.04.2014 is merely academic. The petitioner if is successful in establishing that the land purchased by him has conferred right and title, the petitioner can certainly re-submit application under the Petroleum Act and Rules. Thereafter, it will have to be considered afresh by the Tahsildar uninfluenced by any of the observations made by the District Collector in the communication dated 19.04.2014 impugned in this writ petition.

With the above observations, the writ petition is dismissed. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any pending, stand closed.

___________ S.V.BHATT,J 06th July, 2017 Lrkm