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Judgment
Govind Mathur, J.—By this petition for writ, a direction is sought to cancel the allotment of Kishan Sewa Kendra allotted by the respondent Indian Oil Corporation Limited to respondent No. 7.
The contention of the learned Counsel for the petitioner is that the land proposed by the respondent No. 7 for establishing Kishan Sewa Kendra is not at all proper for such installation and further that no objection certificate for establishment of Kishan Sewa Kendra in the instant matter is given by the authority of the Public Works Department whereas that should have been issued by the competent officers of the GREF. To substantiate the contention reliance is placed upon the document Annexure-3 a letter dated 17.6.2010 from the Commending Officer of 101 GREF 56 APO.
It is also submitted by the learned Counsel for the petitioner that the land proposed is not suitable for the purpose of establishing a Kishan Sewa Kendra in view of the fact that there is a cross road within the limit of 100 mtrs., that is impermissible under the norms applicable for establishing a Kishan Sewa Kendra.
A reply to the writ petition has been filed on behalf of the Caveator respondent No. 7. As per respondent No. 7, the land in question is not in possession of GREF, but is within the jurisdiction of the Chief Engineer (Roads), Government of Rajasthan, Public Works Department, Jaipur. It is also stated that the cross road as referred by the petitioner is not within the limit of 100 mtrs., but is at about 600 mtrs. from the plot of the respondent No. 7.
Heard learned Counsel for the parties.
The objection of the petitioner is based on a letter dated 17.6.2010 that simply mentions that the road from Bidasar to Sridungargarh (0.00 kms. to 45.00 kms.) has already been handed-over by the Public Works Department, Division-II, Bikaner to the GREF on 10.7.2009 and as such, GREF is competent to issue No Objection Certificate. As per the letter dated 17.6.2010, the road for its construction and maintenance has been handed-over to the GREF, but that does not authorise GREF ipso facto for issuing No Objection Certificate relating to the other land nearby to the road concerned. In the instant matter, the plot in question is situated on State Highway and as such, in normal course the land adjacent thereto is deemed to be within the jurisdiction of the State Authority. Learned Counsel for the petitioner failed to point out any authority available to GREF for granting such NOC.
The other contention of the learned Counsel for the petitioner regarding availability of the cross road within the distance of 100 mtrs. from the plot in question is also of no consequence in view of the averments contained in reply to the writ petition filed by the respondent caveator, which are not at all been controverted by the petitioner by way of filing rejoinder.
As such, petition for writ fails, thus, the same is dismissed.