9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 1516 - HC - Indian LawsSeeking to grant a No Objection Certificate (NOC) for a retail outlet dealership - ownership of the land - Pending litigation - HELD THAT - It is not in dispute that the subject matter of the land is embroiled in litigation and an appeal is pending adjudication before the Court having competent jurisdiction. Petitioner claims to be owner of land in relation to which No Objection Certificate is sought, on the strength of the judgement and decree dated 25.08.2021, passed by learned Civil Judge, Motihari in Title Suit No. 521 of 2011. However, the correctness of the said judgment and decree is subject matter of the appeal preferred by the State. There is no clear and undisputed title with respect to the land in question. Thus, petitioner s request for issuance of No Objection Certificate by the District Magistrate, East Champaran cannot be allowed. As such, the present petition stands disposed of.
Issues Involved:
The petitioner sought a writ of Mandamus to direct the District Magistrate to grant a No Objection Certificate (NOC) for a retail outlet dealership. The main issue was the ownership of the land in question and the pending litigation regarding the same. Judgment Details: Issue 1: Writ of Mandamus for NOC The petitioner requested a writ of Mandamus to compel the District Magistrate to issue a No Objection Certificate for a retail outlet dealership. The petitioner claimed ownership based on a judgment and decree from a civil court. However, the ownership of the land was disputed and subject to ongoing litigation. The State had appealed the judgment and decree, casting doubt on the petitioner's clear title to the land. Due to the lack of a clear and undisputed title, the court held that the request for the NOC could not be granted. Consequently, the petition was disposed of. Conclusion: The court denied the petitioner's request for a writ of Mandamus to compel the District Magistrate to issue a No Objection Certificate due to the ongoing litigation and lack of clear title to the land in question.
|
