Court No. - 34
Case :- WRIT - C No. - 588 of 2019 Petitioner :- Parasnath Jaiswal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Respondent :- A.S.G.I.,Vikas Budhwar
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Sushil Kumar Mishra, learned counsel for petitioner and Sri Vikas Budhwar, learned counsel for Oil Corporation.
2. By means of present writ petition, petitioner has sought following reliefs:
"i. Issue a writ, order or direction in the nature of certiorari calling for the records of the case and quash the Advertisement dated 25.11.2018 up to District Deoria, Village Khorram, Tehsil Deoria, District Deoria, Rural, Draw of Lots, Open (Annexure No.4).
ii. Issue a writ, order or direction in the nature of Mandamus directing / commanding the respondents to not proceed further on his advertisement dated 25.11.2018 up to District Deoria Village Khorram, Tehsil Deoria, District Deoria, Rural, Draw of Lots, Open.
iii. Issue any other writ order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
iv. Award the costs of this writ petition to the petitioner."
3. Admittedly, petitioner has a retail outlet of petrol pump, namely, M/S Kissan Sewa Kendra, Banki near Khoraram, Deoria.
4. The grievance of petitioner is that respondent 2 has allowed opening of some more retail outlets near petitioner's outlet and in this regard District Magistrate concerned has issued No Objection Certificate. He submitted that there are some guidelines issued by Government of India, Ministry of Road Transport and Highways dated 24.07.2013, observing that there should not be number of retail outlets at certain distance. Reliance has been placed on para 4.6 of said guidelines, but perusal of entire scheme shows that the purpose is that at a single point of time access to National Highway directly may not be available to number of retail outlets situated nearby and if such a cluster is created, guidelines itself provide that the authorities will have to provide a service road. Obligation of providing service road is also upon National or State Highway Authorities and aforesaid guidelines nowhere obstructs the authority like Indian Oil Corporation and other similarly placed bodies from opening their outlets.
5. We, therefore, find no merit in this petition.
6. Dismissed accordingly.
Order Date :- 30.4.2019 I.A.Siddiqui