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MUNICIPAL BOARD, JHUNJHUNU v STATE AND ORS - CW Case No. 9841 of 2006  RD-RJ 2371 (1 May 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.9341/06
Smt. Meena Soni Vs. State of Raj. & Ors. 30.04.2007
Hon'ble Mr. Justice Mohammad Rafiq
Shri S.K. Singodiya for petitioner.
Heard learned counsel for the petitioner.
Grievance of the petitioner is that he was one of the allottees of
Retail Outlet Dealership in the category of O.P. (W) at Mandrella, Tehsil Chirawa,
Jhunjhunu. The respondents are however considering relaxation in the rules for illegally making this allotment in favour of respondent no.10 Jagwanti which is contrary to their own mandatory instructions laid down by Ministry of
Surface Transport and National Highway
Authority of India.
Learned counsel for the petitioner submits that the District
Administration has raised number of objections with regard to site proposed by respondent no.10 as the same was not falling on the O.D.R. and that it was within 300 mtrs of the cross section of the rural roads whereas according to aforesaid rules it is required to be beyond 300 mtrs. The District
Administration is however presently considering to relax such requirement and issue NOC and on that basis the oil company is likely to issue letter of intent to the petitioner.
Having heard the arguments and considered the material on record I find that the question whether or not the NOC should be issued to respondent no.10 and further that the licence / letter of intent shall be issued to her by oil company is still a premature question. I therefore do not deem it appropriate to entertain this writ petition at this stage. However, the petitioner would be at liberty to make a representation to the District Collector detailing out all his grievances on the basis of the aforesaid rules.
With these observations, the writ petition is disposed of.
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