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SCA/11219/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11219 of 2008
=========================================================
KESAR
ENTERPRISES LTD-THRO.POAJAYANTOKUMAR DEVGUPTA J. DEV. - Petitioner(s)
Versus
ADDITIONAL
DISTRICT MAGISTRATE & 1 - Respondent(s)
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Appearance :
MR
PM THAKKAR SR ADV with MR PREMAL S RACHH for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 09/09/2008
ORAL
ORDER
Mr.P.M.Thakkar,
learned Senior Advocate appearing with Mr.Premal Rachh, for the
petitioner submits that the impugned order at Annexure-A dated
22.7.2008 passed by the Additional District Magistrate, Kutch-Bhuj of
cancelling NOC is not germane to the ground for which such power can
be exercised as per the provisions of Rule 150 of the Petroleum
Rules, 2002. Even before passing the impugned order the petitioner
is not heard and even the impugned order was not communicated to the
petitioner. Thus, consequential order dated 29.8.2008 passed by the
respondent No.2 is also illegal, since it is based on the
recommendation of the Additional District Magistrate.
Considering
the above submissions and prima facie it appears that the NOC is
cancelled by the additional District Magistrate without affording an
opportunity of hearing to the petitioner and ground for exercising
powers under Rule 150 is only under the circumstance when the
licensee is ceased to have any right to use the site for storage
petroleum and even if it is so the party affected has right of
hearing.
Hence,
Notice returnable on 24.9.2008.
Ad
interim relief in terms of para 9(B) is granted till then.
Direct
Service is permitted.
(ANANT S. DAVE, J.)
*pvv
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