Archive · 31 Jul 2026
High Court Rules Two‑Year NOC Delay Malice in Law
A man named Rakesh Kumar Gupta wanted to open a petrol pump in Fatehpur.
He got all the paperwork except a special permission called a no‑objection certificate (NOC).
The government took more than two years to give it, which made Rakesh wait a long time.
The Allahabad High Court said this delay was unfair and called it "malice in law."
The court said that people have a right to run a business and the government must act quickly.
After the court asked for an explanation, the NOC was finally given.
The court also told the company that could run the petrol pump to start the project soon.
The judges warned that the government should not let red tape stop people from doing lawful work.
Allahabad High Court ruled a two‑year delay in issuing a NOC for a petrol pump was arbitrary and amounted to malice in law.
The delay violated the petitioner’s constitutional rights under Articles 14, 19(1)(g) and 21 of the Indian Constitution.
Rakesh Kumar Gupta had secured all statutory clearances except the district magistrate’s NOC, which was finally issued after the court’s intervention.
The court criticized bureaucratic red‑tapism, noting senior officers avoided accountability while a clerk was punished.
Reliance BP Mobility Limited was directed to proceed with the petrol‑pump project following the NOC issuance.
- Who
- Rakesh Kumar Gupta, Justices J J Munir and Indrajeet Shukla, Allahabad High Court
- What
- Court ruling that a two‑year delay in issuing a no‑objection certificate for a petrol pump was arbitrary and amounted to malice in law
- When
- July 30, 2026
- Where
- Fatehpur district, Allahabad High Court
- Why
- To enforce constitutional rights and prevent arbitrary administrative delay
- Court
- Allahabad High Court
- Petitioner
- Rakesh Kumar Gupta
- Respondent
- District Magistrate, Fatehpur
- NOC Issued
- June 25, 2026
- Delay Duration
- Over two years
- Company
- Reliance BP Mobility Limited
- Legal Basis
- Articles 14, 19(1)(g), 21 of Constitution of India