1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P. No.2074 of 2008 (Bharat Petroleum Corp. Ltd. vs. The Collector, Akola and Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and Smt. Vasanti A. Naik, JJ. DATE : 2.6.2008. Heard Mr. S.W.Sambre, Adv. for the Petitioner. This Writ Petition is directed against the order dt. 12.11.2007 passed by the Additional District Magistrate, Akola whereby the No-Objection Certificate dt. 10.11.2006 issued in favour of the petitioner in respect of Survey Nos. 22/1, 22/1-A came to be cancelled in view of the order dt. 9.10.2007 passed by the Collector, Akola. It is not in dispute that the No-Objection Certificate dt. 10.11.2006 was issued in view of the order of amalgamation of the said plots passed by the Collector, Akola on 24.7.2006. The said order came to be cancelled vide order dt. 9.10.2007 and therefore, the Additional District Magistrate has passed the impugned order dt. 12.11.2006. Counsel for the petitioner states that the impugned communication is in violation of Rule 150 of the Petroleum Rules since the petitioner was not given opportunity of hearing before 2 cancellation of No-Objection Certificate. In the normal course it is expected of the authorities to grant hearing before cancelling the No-Objection Certificate. However, in the instant case, the impugned order of cancellation of No-Objection Certificate is only incidental order passed in view of order dt.9.10.2007 and therefore, unless and until the order dt. 9.10.2007 is either revoked or set aside, the order dt. 12.11.2007 cannot be revokedb. In the circumstances, the Writ Petition suffers from lack of merits. Hence, the same is dismissed. JUDGE JUDGE ssj