M/S S.S. Bio Petrochem Co. Through Its Proprietor vs. State Of U.P. And 2 Others
Original PDF →Facts
The petitioner, M/S S.S. Bio Petrochem Co., sought a writ of mandamus from the Allahabad High Court, directing the District Magistrate, Hathras (respondent no. 2), to issue a No Objection Certificate (NOC) and license for selling and storing petroleum products. The petitioner had applied for this NOC and license on January 12, 2021, for a property at Khasra No. 254, Khata No. 264, Hatisa-Bhagwantpur. The petitioner stated that they had obtained GST registration on November 11, 2020, and a permission letter on December 10, 2020, along with NOCs from other departments. Despite these clearances, the District Magistrate had not decided their application since 2021, prompting the petitioner to approach the High Court due to this inaction.
Held
The Court held that no fruitful purpose would be served by keeping the writ petition pending. With the consent of both parties, the writ petition was disposed of. The Court directed the petitioner to file a fresh representation, along with all relevant documents, before the competent authority within two weeks from the date of the order. The Court expressed hope and trust that the competent authority would proceed to decide this fresh representation strictly in accordance with the law within two months thereafter. The Court explicitly stated that it had not expressed any opinion on the merits of the case. The operative direction was for the petitioner to refile their application and for the authority to decide it within a stipulated timeframe.
Key Issues
1. Whether the District Magistrate, Hathras, has failed to discharge their statutory duty by not deciding the petitioner's application for a No Objection Certificate (NOC) and license for selling/storage of petroleum products, thereby violating the principles of natural justice and administrative law? (Question of law and fact, concerning the duty of a public authority). The petitioner argued that despite obtaining necessary registrations and NOCs from other departments, including GST, the District Magistrate's prolonged inaction on their application dated January 12, 2021, was unjustified and compelled them to seek judicial intervention. The respondent, through the Additional Chief Standing Counsel, acknowledged that if an application is pending and the petitioner falls within the eligible category, the competent authority would take a final decision.
AI-generated summary — verify with the full judgment below
Court No. - 40 Case :- WRIT - C No. - 1711 of 2023 Petitioner :- M/S S.S. Bio Petrochem Co. Through Its Proprietor Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Tiwari,Tushar Kumar Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J. Heard Shri Vikas Tiwari, learned counsel for the petitioner and Shri P.K. Giri, learned Additional Chief Standing counsel for the State-respondent. The present writ petition is preferred inter-alia for the following relief:- "(a) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 -District Magistrate, Hathras, to issue/grant, 'No Objection Certificate & License' for selling /storageof petroleum products at khasra No. 254, Khata No. 264, Hatisa- Bhagwantpur, Tehsil & District Hathras, within the time period fixed by this Hon'ble Court. (b) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 District Magistrate, Hathras, to decide the petitioner's company application dated 12.01.2021 (Annex. No. 2 to the writ petition) for issuance of 'No Objection Certificate & License' for selling/storage of petroleum products at Khasra No. 254, Khata No. 264, Hatisa-Bhagwantpur, Tehsil & District Hathras, within the time period fixed by this Hon'ble Court." Learned counsel for the petitioner submits that the petitioner's company namely M/S S.S. Bio Petrochem Co. has been formed / constituted for selling /storage of petroleum products at Khasra No. 254, Khata No. 264, Hatisa-Bhagwantpur, Tehsil & District Hathras. He further submits that GST Registration Certificate dated 11.11.2020 as well as approval /permission letter dated 10.12.2020 have been issued by the Central Government and other departments have also granted NOC in favour of the petitioner for selling /storage of petroleum products.
In this background, after getting NOC from other departments, petitioner has moved representation before respondent no. 2 for according NOC /license for selling /storageof petroleum products way back in year 2021 but till date the second respondent i.e. District Magistrate has not taken any decision in the matter for according NOC /license, as such inaction has compelled the petitioner to approach before this Court. Shri P.K. Giri, learned Additional Chief Standing Counsel has fairly stated that if any such application is pending consideration and the petitioner falls in that category for according NOC /License, then definitely competent authority will taken a final call in the matter. Considering the facts and circumstances, no fruitful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition stands disposed of, asking the petitioner to move a fresh representation appending all the relevant document, in case any such representation is preferred within a period of two weeks from today before the competent authority, this Court hope and trust that competent authority would proceed and decide the same strictly in accordance with law within two months, thereafter. Needless to say that this Court has not given any opinion on the merits of the case. Order Date :- 18.1.2023 Bhanu BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.