IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.21729 of 2008 Date of decision: March 4, 2009. Bharat Petroleum Corporation Limited ...Petitioner(s) v. The Deputy Commissioner-cum-District Magistrate, Sangrur ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Raman Sharma, Advocate for the petitioner. Shri S.S. Gill, Deputy Advocate General, Punjab for the respondent. ORDER Surya Kant, J. - (Oral): The petitioner – Bharat Petroleum Corporation Limited seeks quashing of the order dated 10.12.2008 (Annexure P-7) passed by the District Magistrate, Sangrur, whereby the no objection certificate granted for installation of the petrol/diesel outlet at village Leharagagga, Jakhal Road, Sangrur in its favour on 21.2.2000, has been revoked/cancelled. The undisputed facts are that the petitioner – company applied and obtained a no objection from the District Magistrate, Sangrur on 21.2.2000 for setting up a petrol pump at village Leharagagga, Jakhal Road, Sangrur. The petitioner company then took land on lease for a period of 30 years from Asa Ram s/o Chand Ram and temporarily gave dealership of the petrol pump site to M/s Jatindra Filling Station. It appears that in view of the policy decision taken by the Govt. of India, the regular dealership of the subject petrol pump is liable to be granted under the Special Scheme to the family members of the army personnel who participated in the Kargil War. Apprehending that the regular dealership is not likely to be granted in his favour, the holder of the temporary dealership made a complaint to the District Magistrate, inter-alia, alleging that the petrol pump site is located close to a brick-kiln and in front of Dera Sacha Sauda and is, thus, totally unsuitable to run a petrol pump. Some fact- finding inquiry is claimed to have been conducted by the Sub Divisional Magistrate, Leharagagga and based upon his report, the District Magistrate has passed the impugned order cancelling the no objection certificate. Admittedly, no show cause notice or opportunity of being heard has been afforded to the petitioner company either by the inquiring authority or by the District Magistrate, Sangrur. A Division Bench of this Court in Bharat Petroleum Corporation Ltd. v. State of Punjab & Ors., 2005(3) PLR 825 has held that once a no objection certificate is granted by the District Magistrate, it cannot be cancelled without giving a reasonable opportunity of being heard. For the reasons afore-stated, the writ petition is allowed and the impugned order dated 10.12.2008 (Annexure P-7) is hereby quashed, however, leaving it open to the District Magistrate to pass a fresh order, in accordance with law. March 4, 2009. [ Surya Kant ] kadyan Judge