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2003 DIGILAW 1594 (RAJ)

Jyoti Swaroop v. Indian Oil Corporation Ltd. and 4 Ors.

2003-11-25

S.K.KESHOTE

body2003
JUDGMENT 1. - Ms. Sumitra Goyal, G.A. puts appearance for the respondent No. 2. She prays for three weeks time to take instructions, call for the record of the Collector, Sikar and file reply to the writ petition. The prayer made by her is declined. 2. Heard learned counsel for the petitioner and the respondents. 3. The challenge has been made to the order of the Collector Sikar dated 28.2.2003 made on Annexure- 16, which reads as under: "NOC not to be issued" 4. This cryptic order passed by the Collector, Sikar cannot be allowed to stand. In case the NOC cannot be granted in respect of the land in dispute to the petitioner, the reasons ought to have been recorded in support thereof. Only on this ground, the petition succeeds and the same is allowed. The order dated 28.2.2003 (Annexure 16) is quashed and set aside. The Collector, Sikar is to decide the matter afresh after notice and furnishing opportunity of hearing to the petitioner. The compliance of the order is to be made within seven days from the date of receipt of the copy of this order. 5. The writ petition accordingly stands disposed of. 6. In view of the acceptance of the writ petition, the stay application tiled therewith does not survive and the same is also dismissed.Writ Petition Disposed of as above. *******