SBCWP NO.413/2005 –SMT. ABHILASHA RATHORE V/S HINDUSTRAN PETROLEUM AND ORS.: JUDGMENT DTD.29.4.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.413/2005 Smt. Abhilasha Rathore versus Hindustan Petroleum Ltd. and anr. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI None present, for the petitioner. Mr.Arun Bhansali, for respondents Sh.M.D.Vaishav, for the respondent No.4. DATE OF JUDGMENT : 29th April, 2008. JUDGMENT 1. None present for the petitioner even in second round. Heard learned counsels for the respondents. 2. This writ petition is directed against the respondent No.4's petrol pump situated near village Hathlai, Tehsil and Dist. Pali which SBCWP NO.413/2005 –SMT. ABHILASHA RATHORE V/S HINDUSTRAN PETROLEUM AND ORS.: JUDGMENT DTD.29.4.2008 2/3 has been challenged by the petitioner on the ground that she has her “Matra Chhaya Motel” adjacent to the said petrol pump and therefore, location of petrol pump is objectionable and is causing nuisance and pollution to the residents of her motel and hence the same should be shifted from that place. 3. The learned counsel for the respondents has submitted in the reply as well as the documents produced with the reply that after conversion of land in question and after obtaining no objection from the Dist. Magistrate who grants such NOC after obtaining proper reports from the concerned officials of Police, PWD, Jodhpur Vidhyut Vitran Nigam Ltd. etc. the said petrol pump was set up and the same is working in accordance with Rules and Regulations of respondent – HPCL and therefore, the relief sought in the present writ petition cannot be granted to the petitioner. 4. Having heard the learned counsel for the respondents, this Court is of the opinion that the relief as prayed for in the writ petition cannot be granted to the petitioner as the said petrol pump has been set up after obtaining due no objection certificate from the competent SBCWP NO.413/2005 –SMT. ABHILASHA RATHORE V/S HINDUSTRAN PETROLEUM AND ORS.: JUDGMENT DTD.29.4.2008 3/3 authority under the law. If any particular instance of nuisance is established by the petitioner, that may be a cause for approaching the competent Court of law, but no relief of shifting of petrol pump as such can be granted by this Court that too in the extraordinary jurisdiction under Article 226 of the Constitution of India. 5. The writ petition is accordingly found to be devoid of merit and the same is dismissed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.46 Ss/-