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Neutral Citation No. - 2025:AHC:57802-DB Court No. - 40 Case :- WRIT - C No. - 32137 of 2024 Petitioner :- Karan Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Hari Shankar Tripathi,Nand Kishor Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Gaurav Kumar Chand,Rakesh Pathak Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India whereby the writ petitioner is aggrieved by the appointment of respondent no.5 as retail outlet dealer. 3. The reasons for the challenge are that the petrol pump of the petitioner is 850 meters away from the premises where the retail outlet is to be set up by respondent no.5. 4. The petitioner submits that Clause 4.5 of Notification No.RW/NH-33023/19/99-DO-III indicates that fuel station will have to be located at a minimum distance from each other. The said Clause 4.5 is produced herein below:-
"4.5. In order to provide safe length for weaving of traffic, fuel stations along National Highways shall be located at the minimum distance from an intersection (gap in the central median be treated as intersection) as given below. For single carriageway section, these minimum distances would be applicable for both sides. All the distances shall be measured between the tangent points of the curves of the side roads at intersections / the median openings and the access / egress roads of the fuel stations, as is applicable, in a direction parallel to the centre line of the nearest carriageway of the
National Highway."
5. Upon perusal of the said clause, it is clear that minimum distances referred to in the said clause is for a fuel station from an intersection and not from another fuel station. 6. In light of the same, we are unable to agree with the arguments raised by the counsel appearing for the petitioner. It is to be further noted that by an order dated 06.08.2024, the authority concerned has already passed an order informing the petitioner that there is no requirement of minimum distance between the two fuel stations. 7. Under such circumstances, we do not find any material to interfere in the present matter. Accordingly, the writ petition is dismissed. Order Date :- 18.4.2025 Shahroz (Dr.
Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad