1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.9694/2008. (Mehar Chand Vs. Hindustan Petroleum Corporation Ltd. & Ors.) DATE OF ORDER : December 05, 2008 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. G.R. Punia for petitioner. BY THE COURT : Heard learned counsel for the petitioner. In this writ petition, the main prayer of the petitioner is that respondent Executive Engineer, P.W.D. may be directed to prepare the report and submit the same to the District Collector for issuance of the NOC for installation of the retail outlet. In my opinion, such relief cannot be granted by this Court in exercise of jurisdiction under Article 226 of the Constitution of India because if one authority of the State is not obeying the orders of the other authority, then, writ cannot be issued by this Court. However, if the citizen has applied for NOC in accordance with law, the District Collector is under obligation to issue the same. Learned counsel for the petitioner submits that as per the judgment of this Court NOC is required to be issued and the 2 application of the petitioner is pending before the District Collector but the District Collector is not finalizing the matter. So also, the District Collector is required to obey the adjudication made by this Court for the purpose of granting NOC for setting up retail outlet. In this view of the matter, the prayer made in the writ petition cannot be granted but, at the same time, the District Collector, Nagaur is required to be directed to decide the application of the petitioner. More so, the District Collector is under obligation to take into consideration the adjudication made by this Court in S.B. Civil Writ Petition No.3124/2005, decided on 01.06.2005, which is said to be upheld by the Hon'ble Supreme Court. In view of the aforesaid, the petitioner may file representation before the District Collector, Nagaur within 3 days from the date of receipt of certified copy of this order. Alongwith the representation, copy of the judgment be also filed. District Collector, Nagaur is directed to decide the representation of the petitioner within seven days thereafter for the purpose of grant of NOC while taking into consideration the judgment referred to above. With aforesaid direction/observation, the writ petition is disposed of. (Gopal Krishan Vyas) J.