Mandatory injunction
satish
(Querist) 22 December 2011
This query is : Resolved
Sir
I ask a query earlier regarding wrong reply of RTI of petrl pump. I want to know more information after latest update trugh court.
The matter is:
I applied for NOC to DM. Someone file a suit in civil court to ask Mandatory Injunction( TO stop DM for not to issue my NOC) on false documents (Wrong RTIs) making DM & me as a party.
The reply file by me & DM in court. After 3 hearings, court has not issued any STAY ORDER. But DM not issuing my NOC stating that matter is in court.
What should I do?
Is there any process under which DM get direction to issue my NOC.
My Lawyers are unable to find any solution
Devajyoti Barman
(Expert) 22 December 2011
Yes you have to file Writ in the nature of Mandamus in the High Court for non issuance of such NOC.
Raj Kumar Makkad
(Expert) 23 December 2011
NOC is a final document to be released by DM in favour of the concerned petrol company after being fully satisfied from all corners means from various concerned departments and litigation qua the injunction is directly related with the point upon which the satisfaction of DM is necessary. If DM sanctions NOC to the company and company starts installing infrastructure incurring huge money and if the court meanwhile orders for stay order then the whole story shall change and DM shall be stood responsible for that situation so it is better to wait till the decision of injunction application.
satish
(Querist) 23 December 2011
Sir, Thanks for suggestion.
There is still a problem. The plaintiff motive is just to delay my NOC. He is getting success in that. He is asking long date from Court.
Court informally said that final judgment might be come in years than again plaintiff will file suit in upper court. So matter will remain in court for years.
Please suggest.........
prabhakar singh
(Expert) 23 December 2011
File a writ petition as advised by Mr. Barman.
V R SHROFF
(Expert) 11 February 2012
file writ in high court
