HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16271 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Mr. Rajesh Kumar Tripathi, learned counsel for the petitioner, Mr. Gaurav Kumar Chand, learned counsel for the respondent no.1 (Union of India), Mr. Paras Nath Rai, learned Advocate appears on behalf of NHAI, Mr. Ajay Shankar, learned counsel for the respondent nos.5 and 6 as well as learned Standing Counsel for the State-respondents no.4 and 7. 2. Present petition has been filed with the following prayers:- "(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned NOC dated 17.11.2024 granted by respondent No. 7 in favor of respondent No.8 for proposed Reliance BP Mobility Ltd's (Reliance BP's) Retain Outlet at Khasra No.80, Village-Missarwala, Tehsil- Thakurdwara, District Moradabad (in the name of style of M/s. Shree Gopal Filling Station). (II) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 not to issue final no Objection Certificate (NOC) in favour of respondent No.8 for proposed Reliance BP Mobility Ltd's (Reliance BP's) Retail Outlet at Khasra No.80, Village-Missarwala, Tehsil- Thakurdwara, District Moradabad (in the name of style of M/s. Versus Counsel for Petitioner(s) : Rajesh Kumar Tripathi, Shashi Kant Shukla Counsel for Respondent(s) : A.S.G.I., Ajay Shankar, C.S.C., Gaurav Kumar Chand, Paras Nath Rai, Pranjal Mehrotra M/S Shakti Automibiles .....Petitioner(s) Union Of India And 7 Others .....Respondent(s) Shree Gopal Filling Station). (III) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.7 to decide the representation/ complaint dated 21.01.2025 (Annexure No.14 to the writ petition) strictly in accordance with MoRTH Guidelines dated 26.06.2020 and 24.07.2013, and further the proposed RO of respondent No.8 may not be commissioned. (IV) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to decide the complaint of the petitioner dated 18.06.2024 and 20.11.2024 in accordance with law." 3. Learned counsel for the petitioner states that the proposed new retail outlet is being installed in violation of Guidelines issued by Government of India, Ministry of Road Transport and Highways, therefore, the impugned order dated 17.11.2024 passed by respondent no.7 in favour of the respondent no.8 for proposed Reliance BP Mobility Ltd's (Reliance BP's) Retail Outlet at Khasra No.80, Village-Missarwala, Tehsil Thakurdwara, District Moradabad may be cancelled. 4. Shri Ajay Shankar, learned counsel appearing on behalf of respondent nos.5 and 6 has raised a preliminary objection and submitted that in the light of the judgments of this Court in Prince Filling Station vs. Union Government of India and Others, 2020 (6) AWC 5731, Rinki Gupta vs. State of U.P. and Others, 2021 (1) ADJ 305 (DB), Tusar Filling Station and Another vs. Union of India and Others, 2021 (5) AWC 4379 and Mili Rai vs. Union of India and Others, neutral Citation : 2025 (2) ADJ 512, petition filed by the rival petrol pump is not maintainable. 5. Learned counsel for the petitioner could not dispute the aforesaid facts and submitted that the writ petition may be dismissed as not pressed with liberty to the petitioner to file Public Interest Litigation Petition. 6. Under such facts of the case, present petition is dismissed as not pressed. So far as the filing of Public Interest Litigation Petition is WRIC No. 16271 of 2025 2 concerned, it is always open for the petitioner to file PIL and for that purpose order of this Court is not required. October 27, 2025 Nitendra WRIC No. 16271 of 2025 3 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad