1 S.B. CIVIL WRIT PETITION NO.2871/2005 Govind B. Choudhary. vs. State of Rajasthan and anr. Date : 3.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.MS Singhvi, for the petitioner. Mr.OP Boob, Dy.GA, for the respondents. - - - - - Heard learned counsel for the parties. Brief facts of the case are that the petitioner purchased one agriculture land and got it converted from agriculture to non-agricultural purposes, namely, in this case for establishing a petrol pump. According to the petitioner, for this, he applied in accordance with law for conversion of land and before passing the order of conversion, notices were issued to the local body as well as to various State departments including to Public Works Department. A public notice inviting any objection was also issued before converting the land from agriculture to land for petrol pump use. Thereafter, the petitioner obtained no objection certificate (NOC) under 2 Petroleum Rules, 2002 from the District Collector, Pali for establishing the petrol pump under the provisions of Petroleum Rules, 2002 on 24.2.2005. The petitioner thereafter without any reason and basis was served with the order of the District Magistrate dated 4.5.2005 by which the NOC dated 24.2.2005 for establishing the petrol pump was suspended. The petitioner being aggrieved against said order passed by the District Collector, Pali has preferred the writ petition. According to learned counsel for the petitioner, the District Magistrate had no jurisdiction under the Rules of 2002 to suspend the NOC and as per Rule 150, NOC can be cancelled if the allottee commits default as enumerated in Rule 150 of the Rules of 2002. In the present case, there is no allegation against the petitioner which falls under Rule 150. It is submitted that the order was passed without affording any opportunity of hearing to the petitioner and further no reason has been given except that objection has been raised by one TCI Infrastructures Ltd. and thereafter objection was raised by Executive Engineer, PWD, Pali which is dated 27.4.2005. Learned counsel for the petitioner submitted 3 that the order is void ab-initio as has been passed without affording opportunity of hearing to the petitioner. The order is non-speaking order and further the order is wholly without jurisdiction as the District Collector had no power to suspend the NOC. I considered the submissions of learned counsel for the parties and perused the facts of the case as well as the documents placed on record. It is not in dispute that the original land was agriculture land and it was got converted after paying conversion charges and it is not the case that the petitioner is not using the land for which permission was granted to him by State. NOC was granted by the District Magistrate, Pali for running petrol pump after due notice to the Municipal Board, Pali as well as other departments of the Government including PWD who subsequently raised objection and on the basis of which, the District Magistrate, without affording opportunity of hearing to the petitioner, passed the impugned order suspending the NOC. When the NOC was granted to the petitioner by the District Magistrate after giving notice to the 4 PWD, who did not raise any objection against the grant of NOC, and in fact, the District Magistrate has not assigned any reason for suspending the NOC, the order of the District Magistrate dated 4.5.2005 deserves to be set aside on these grounds apart from the fact that none of the grounds as mentioned in Rule 150 exists for passing the impugned order. Consequently, this writ petition is allowed and the impugned order dated 4.5.2005 passed by the District Magistrate, Pali is set aside. (PRAKASH TATIA), J. S.Phophaliya