Allahabad High Court
Rajeev Kumar Dixit vs Union Of India And 4 Others on 19 November, 2019
Bench: Ramesh Sinha, Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- WRIT - C No. - 37571 of 2019 Petitioner :- Rajeev Kumar Dixit Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- A.S.G.I.,C.S.C.,Vikas Budhwar Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Kumar,J.
Heard Sri Uma Nath Pandey, learned counsel for the petitioner, Sri Vikas Budhwar, learned counsel appearing for the contesting respondents Petroleum Corporation, learned Standing Counsel appearing for the State respondent and perused the record.
By means of this writ petition, under Article 226 of the Constitution of India, the petitioner has raised grievance of the 'no objection certificate' being accorded to respondent no.5 which is pending consideration before the District Magistrate.
The ground for coming before this Court and getting an opportunity of hearing before the District Magistrate is that the petitioner was accorded 'no objection certificate' for setting up of a petrol pump on a condition that there should not be another petrol pump within a distance of 300 meters, such a condition is condition no.7 in the NOC dated 13th February, 2016 which has been accorded to the petitioner. The petitioner, therefore, submits that now the another petrol pump which is likely to come up in favour of respondent no.5 is within the range of 300 meters and therefore, 'no objection certificate' should not be granted.
Per contra, the argument advanced by the learned counsel appearing for the contesting respondent Corporation is that there is no such condition provided under the Brochure which are the guidelines for allotment of the retail outlet dealership of the petroleum products. He submits that the condition of 300 meters is only in respect of the National Highways.
We made a pointed query to the learned counsel for the petitioner as to whether any such condition exists, he only refers to the 'no objection certificate' which has been accorded to him in which such a condition has been prescribed for.
In our considered opinion, the petitioner is only a business rival and merely because his business prospects will get diminished on coming of another petrol pump in a close vicinity, it does not confer him with a right to get an injunction in respect of another dealer or a person or a contender who is likely to get dealership. Legal wrong cannot be said to be have occurred to the petitioner so as to apply for remedial measure in exercise of our power under Article 226 of the Constitution of India.
The writ petition lacks merit and is, accordingly dismissed.
(Ajit Kumar,J.) (Ramesh Sinha, J.) Order Date :- 19.11.2019 NS