Allahabad High Court
KUNAL MITTAL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the NOC was valid and there was no ground to cancel it, thereby disposing of the petition and the withdrawal application.
Summary
Petitioners Kunal Mittal and another sought relief concerning a No Objection Certificate (NOC) issued for a plot where they were selected as dealers for a retail outlet. They filed a withdrawal application after the NOC was issued, arguing that the NOC had been wrongly granted and that they faced discrimination. The Court referred to its earlier order, which discussed the Supreme Court’s decision in Chandigarh Administration v. Jagjit Singh (1995) 1 SCC 745, stating that a person cannot claim on negative equity and that authorities must correct wrongful orders. The Court examined whether the drain on the land fell within clause (b) of clause 77 of the Code, which could affect the validity of the NOC. Concluding that the NOC was valid and no sufficient ground existed for its cancellation, the Court disposed of the writ petition and the withdrawal application, granting relief to the petitioners.
Issues considered
- Whether the No Objection Certificate (NOC) issued to the petitioners was valid or liable to be cancelled.
- Whether the petitioners could claim a right on the basis of negative equity.
- Whether the drain on the land falls within clause (b) of clause 77 of the Code, affecting the NOC.
- Whether the petitioners have a case of discrimination warranting interference despite alternative remedies.
Subjects
- NOC
- withdrawal application
- discrimination
- negative equity
- clause 77
- land drain
- Supreme Court precedent
- appeal against NOC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 26001 of 2026
Kunal Mittal And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Birendra Kumar
Counsel for Respondent(s) : C.S.C., Himanshu Dubey, Komal
Mehrotra
Court No. - 21
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
Order on Withdrawal Application
1. Mr. Ashish Kumar Singh, learned senior advocate assisted by Mr.
Himanshu Dubey, learned advocate appear for petitioners and submits,
the 'no objection certificate' (NOC) in respect of the plot, in respect of
which his client has been selected as dealer to run the retail outlet (RO),
has been issued. He submits, in the circumstances his client has filed
withdrawal application dated 14th September, 2026. Mrs. Archana Tyagi,
learned advocate, Additional Chief Standing Counsel appears for State
and submits, the certificate has been issued. Mr. Komal Mehrotra, learned
advocate appears for respondent nos.3 and 4 (the oil company).
2. We reproduce below paragraph 4 from our earlier order dated 12th
August, 2026 to provide the link for result of issuance of the certificate.
"4. We see, the learned single Judge in Sharad Kumar Dwivedi (supra) had relied upon
judgment of the Supreme Court in Chandigarh Administration v. Jagjit Singh, reported in
(1995) 1 SCC 745. The Supreme Court had declared the law to be that a person cannot
claim on negative equity. The Court went on to say that indeed, wherever it is possible, the
Court should direct the appropriate authority to correct such wrong orders in accordance
with law. State has relied upon the rule, which provides for appeal against grant or
cancellation of NOC. Assuming the NOC to GAIL was wrongly granted, steps are to be
taken for cancellation thereof. On query Mrs. Tyagi submits, she wants adjournment to
obtain instructions. We add that she must also demonstrate the drain falls under sub-
WRIC No. 26001 of 2026
2
clause (b) in clause 77 of the Code inasmuch as, the record does not show the drain to be
land covered by water and used for purpose of growing singhara or other produce. It may
well turn out that the NOC to GAIL was duly granted. Then and in that event petitioners
will have case of discrimination, warranting interference in spite of alternative remedy
available. "
Petitioners have found their relief.
3. The writ petition and the application are disposed of.
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
September 16, 2026
Salim
Digitally signed by :-
SALIM PRAVEJ
High Court of Judicature at Allahabad
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