Vijay Narayan v. State Of Haryana And Others

CWP-9135-2022 -12023:PHHC:111053

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-9135-2022 Date of Decision : 24.08.2023 Vijay Narayan ......... Petitioner

Versus

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

Mr.Ankur Malik, Advocate for the petitioner.

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

Mr.M.S.Rana, Advocate for Mr. Ashish Kapoor, Advocate for respondent No. 4.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of office Memo dated 09.03.2022 (Annexure P-17) whereby Executive Engineer, PWD, Haryana has sent adverse report to Deputy Commissioner qua NOC for proposed retail outlet.

2.

From the perusal of Annexure P-17, it comes out that Executive Engineer has submitted his report to Deputy Commissioner, Faridabad, who in turn has issued notice dated 26.04.2022 calling upon the petitioner to clarify his position in view of report of Executive Engineer. 3.

On being asked, Mr. Malik, counsel for the petitioner and Mr.M.S.Rana, Advocate for Indian Oil Corporation concede that Deputy Commissioner till date has not passed any adverse order and they have not responded to show cause notice.

ANJU GOEL 2023.08.24 17:51 I attest to the accuracy and integrity of this document

CWP-9135-2022 -22023:PHHC:111053 4.

Mr. Sharma, learned Addl.A.G., Haryana also confirms that till date, no adverse order has been passed by Deputy Commissioner in exercise of power conferred by Section 144 of Petroleum Rules, 2002. 5.

The Deputy Commissioner in exercise of power conferred by Section 144 of Petroleum Rules, 2002 has not passed any adverse order against the petitioner and he has called upon the parties to clarify their position with respect to adverse report of Executive Engineer. Neither the petitioner nor IOC till date has filed reply to said show cause notice. In the absence of any adverse order passed by Deputy Commissioner, the present petition is pre-mature.

6.

Mr. Malik, and Mr.M.S.Rana, Advocates submits that the they would file reply to show cause notice within two weeks from today. On doing so, the Deputy Commissioner shall pass speaking order after granting opportunity of hearing to aggrieved parties within 06 weeks from the date of receipt of reply.

7.

Disposed of.

( JAGMOHAN BANSAL ) 24.08.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.08.24 17:51 I attest to the accuracy and integrity of this document