Court No. - 38
Case :- WRIT - C No. - 35978 of 2018 Petitioner :- Tabrez Hussain Respondent :- The Union Of India And 3 Others Counsel for Petitioner :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Respondent :- A.S.G.I.,Prakash Padia
Hon'ble Abhinava Upadhya,J. Hon'ble Ajay Bhanot,J.
Heard Sri A. P. Tiwari, learned counsel for the petitioner and Sri Prakash Padia, learned counsel for the respondent corporation. By means of this writ petition the petitioner, claiming himself to be a retail outlet dealer of Hindustan Petroleum Corporation Ltd., has come to this court raising a grievance that respondent no.4, who was given a letter of intent by Indian Corporation on 17.1.2014 for a different site, is now raising construction near the petrol pump of the petitioner that is within 100 meters of the existing petrol pump of the petitioner.
Learned counsel for the petitioner submits that Indian Oil Corporation while giving letter of intent for a different site that is Parsa Mahant on Anand Nagar to Nautanwa Road District Maharajganj, State of U.P. has now been changed and an retail outlet is being constructed within 100 meters of Village Chowk, District-Maharajganj, to Nichlaul Road which is site of the petitioner's petrol pump. According to the circular no other retail outlet can be opened within 300 meters of the existing petrol pump.
Sri Prakash Padia, learned counsel appearing for the corporation submits that the bar of opening petrol pump within 300 meters is applicable only on the National Highways and not within the City or State Highway. The petitioner however has made a representation to the respondent no.3 which has remained pending and has not been decided.
The writ petition is disposed of with the direction to the respondent no.3, to consider the claim of the petitioner as well as respondent no.4. In case such representation is made within 15 days along-with certified copy of this order, the same shall be considered and decided within one month thereafter by reasoned and speaking order in accordance with law.
Order Date :- 29.10.2018 Pramod (Ajay Bhanot, J.) (Abhinava Upadhya, J.)