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High Court of Punjab and HaryanaCWP/4357/2021disposed of

Aminta Yadav v. State Of Haryana And ORS

2023-10-13Mr. Justice Jagmohan Bansal2 pages

CM-16021-CWP-2023 in CWP-4357-2021 -12023:PHHC:133453

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-16021-CWP-2023 in CWP-4357-2021 Date of Decision : 13.10.2023 Aminta Yadav ......... Petitioner

Versus

State of Haryana and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr.Varun Sharma, Advocate for the petitioner.

Mr. Raman Sharma, Addl.A.G., Haryana.

Mr. M.S.Rana, Advocate for Mr. Ashish Kapoor, Advocate for respondent No.5.

**** JAGMOHAN BANSAL , J. (Oral) CM-16021-CWP-2023 Vide order dated 12.09.2023, the main case was dismissed for non-prosecution.

For the reasons assigned in the application, the same is allowed. The main petition is restored to its original number and with the consent of parties taken on Board today itself. CWP-4357-2021 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dated 25.11.2020 (Annexure P-6) whereby NOC case of the petitioner has been rejected by respondents.

2.

By impugned order dated 25.11.2020 (Annexure P-6), the ANJU GOEL 2023.10.13 17:04 I attest to the accuracy and integrity of this document

CM-16021-CWP-2023 in CWP-4357-2021 -22023:PHHC:133453 Executive Engineer, Provl. Division PWD B&R Branch, Rewari has communicated opinion of their office to Deputy Commissioner, Rewari who is a competent authority to pass an order under Rule 144 of Petroleum Rules, 2002. Order granting or refusing NOC in terms of Rule 144 of Petroleum Rules, 2002 has to be passed by Deputy Commissioner and till date, no order has been passed by Deputy Commissioner. 3.

On being confronted with aforesaid fact, learned counsel for the petitioner submits that the Deputy Commissioner may be directed to grant opportunity of hearing to petitioner before passing any adverse order in terms of Rule 144 of Petroleum Rules, 2002. 4.

Learned State counsel submits that the Deputy Commissioner would grant opportunity of hearing to the petitioner before passing any order in terms of Rule 144 of Petroleum Rules, 2002 and order shall be passed within three months from today.

5.

In the wake of statement of learned counsel for the parties, the petition stands disposed of.

( JAGMOHAN BANSAL ) 13.10.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.10.13 17:04 I attest to the accuracy and integrity of this document