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High Court of Punjab and HaryanaCWP/15688/2022disposed of

Payal Rani v. State Of Haryana And Others

2023-12-18Mr. Justice Jagmohan Bansal2 pages

CWP-15688-2022 -12023:PHHC:162330

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-15688-2022 Date of Decision : 18.12.2023 Payal Rani ......... Petitioner

Versus

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

Mr.Akshay Bhan, Sr. Advocate with Mr.Sahil Menhdiratta, Advocate Mr. Sushant Kareer, Advocate Mr.Abhijeet Singh Rawaley, Advocate for the petitioner.

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

Mr. Ashish Kapoor, Advocate for respondent No.3.

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

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of communications dated 11.06.2021 (Annexure P-6) and 25.08.2021 (Annexure P-8) whereby PWD B&R Branch, Rohtak has raised objection with respect to installation of retail outlet.

2.

From the perusal of impugned communications dated 11.06.2021 (Annexure P-6) and 25.08.2021 (Annexure P-8), it comes out that these communications are recommendations by PWD B&R Branch to District Magistrate, Rohtak. The respondent No.3-IOC in terms of Rule 144 of Petroleum Rules, 2002 has applied for NOC. The District Magistrate has Anju Goel 2023.12.18 17:53 I attest to the accuracy and integrity of this document Chandigarh

CWP-15688-2022 -22023:PHHC:162330 sought opinion of different departments including PWD B&R. The office of PWD B&R has pointed out objection to the District Magistrate, Rohtak. It is District Magistrate who has to adjudicate application seeking NOC in terms of Rule 144 of Petroleum Rules, 2002 and as on day, no order has been passed by the District Magistrate.

3.

Faced with this, learned State counsel assures the Court that the District Magistrate would pass an appropriate order within three months from today after granting opportunity to IOC as well as petitioner. 4.

Learned counsel for the petitioner agrees with the aforesaid arrangement.

5.

In the wake of statement of both sides, the petition stands disposed of.

( JAGMOHAN BANSAL ) 18.12.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No Anju Goel 2023.12.18 17:53 I attest to the accuracy and integrity of this document Chandigarh