Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 104955 (ALL)

AMIT KUMAR MAHESHWARI v. UNION OF INDIA AND 4 OTHERS

WRIC/34599/2024 · 2025-02-17

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:23547-DB Court No. - 29 Case :- WRIT - C No. - 34599 of 2024 Petitioner :- Amit Kumar Maheshwari Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh,Peeyush Kumar Pathak,Prateeyush Kumar Pathak Counsel for Respondent :- A.S.G.I.,Anand Tiwari,Gaurav Kumar Chand Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. 1. Petitioner is running a retail outlet/fuel station of respondent Indian Oil Corporation. He is aggrieved by the proposed establishment of retail outlet/fuel station by the Corporation on the ground that the guidelines issued with regard to location of a new retail outlet fuel station have been violated. 2. Shri Anand Tiwari, learned counsel appearing for respondent Corporation raises an objection to the maintainability of the writ petition on the ground that existing retail outlet dealer has no locus to challenge the establishment of another retail outlet. Reliance is placed upon a judgment of the Supreme Court in the case of Mithilesh Garg and Others vs. Union of India and others, (1992) 1 SCC 168. It is submitted that such decision has consistently been followed. 3. Although we find substance in the objection raised on behalf of respondents, according to which, existing retail outlet dealer has no locus to object establishment of new retail outlet, but considering the statutory provisions contained in Uttar Pradesh Guidelines for issuing of NOC for setting up fuel stations along UPPWD Roads, 2019, violation of which is alleged, without commenting upon the issue of locus, we dispose of this writ petition with the direction upon respondent District Magistrate, Bijnor to get the facts verified and to take appropriate action relating to issuance of NOC only in accordance with the Rules of 2019 framed for the purposes by the State, expeditiously. Order Date :- 18.2.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad