Court No. - 38
Case :- WRIT - C No. - 34998 of 2018 Petitioner :- Pankaj Kumar Respondent :- Indian Oil Corporation Limited And 2 Others Counsel for Petitioner :- Sunil Kumar,Vikas Budhwar Counsel for Respondent :- C.S.C.,Prakash Padia
Hon'ble Abhinava Upadhya,J. Hon'ble Ajay Bhanot,J.
Heard Sri Vikas Budhwar, learned counsel for the petitioner and Sri Prakash Padia, learned counsel for the respondents.
The petitioner has been given a letter of intent by the Indian Oil Corporation on 29.12.2017 for a Retail Outlet between milestone 33 to milestone 35 from Saiyan Chauraha to Kheragarh Road, District-Agra under scheduled caste category. Another outlet is being opened within 300 metres of the said premises by respondent no. 3, which is under challenge.
It is to be noted that the restriction for not opening of a Retail Outlet within 300 metres radius is applicable to National Highways. The present area does not fall under the National Highway but it is a State Highway. This has also been held by a Division Bench of this Court by judgment dated 08.12.2017 passed in Writ-C No. 58534 of 2017 (Ashwani Kumar Singh Vs State of U.P. and 7 others).
That being the case, we find no error in allotment to respondent no. 3. As such we are not inclined to interfere with the same.
The writ petition lacks merit. It is accordingly dismissed.
Order Date :- 29.10.2018 Pravin
(Ajay Bhanot,J.) (Abhinava Upadhya,J.)