ANIMESH CHOUDHARY S/O SHRI SURENDRA SINGH v. THE UNION OF INDIA
CW/15694/2025 · 2026-02-09
Inderjeet Singh, Ravi Chirania
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19214 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19214 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:5870-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 15694/2025 Animesh Choudhary S/o Shri Surendra Singh, Aged About 35 Years, R/o Vayu Sainik Gas Agency, Rajota, Tehsil Khetri, District Jhunjhunu(Rajasthan) Dl No. - Rj1820080129186 ----Petitioner Versus
1. The Union Of India, Through Controller Of Explosives, Peso (Petroleum And Explosives Safety Organisation), Hall No. 502 And 507 Level 5 Block B, Old Cgo Complex, Nh 4 Faridabad, Haryana 121001 5Th, A Block, Seminary Hills, Nagpur, Maharashtra 440001
2. Deputy Chief Controller Of Explosives, Jaipur Peso (Petroleum And Explosives Safety Organisation), Amrapali Circle, Near Power House, Vaishali Nagar 302021
3. The Secretary, Ministry Of Petroleum And Gas, Government Of India, New Delhi
4. State Of Rajasthan, Through The Collector, Jhunjhunu.
5. The Additional District Collector, Jhunjhunu
6. The Superintendent Of Police, Jhunjhunu
7. The Sub-Divisional Magistrate, Khetri, Jhunjhunu
8. The Executive Engineer, Pwd, Khetri, Jhunjhunu
9. The Executive Officer, Nagar-Palika, Khetri
10. The Executive Engineer, Avvnl, Jhunjhunu
11. Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, Delhi 110032
12. Indian Oil Corporation Limited, Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai - 400 051
13. Ayush Shah S/o Raghunandan Shah, R/o Ward No. 8, Yogesh Bhawan, Khetri, Tehsil Khetri, District Jhunjhunu(Rajasthan) ----Respondents For Petitioner(s) : Mr. Praveen Balwada. For Respondent(s) : Ms. Shikha Sharma on behalf of Mr. G.S. Gill, AAG. Mr. Kinshuk Jain, Senior Standing
[2026:RJ-JP:5870-DB] (2 of 5) [CW-15694/2025] Counsel. Mr. Rahul Kamwar with Mr. Lakshya Sharma & Mr. Vaibhav. Mr. Raghunandan Sharma assisted by Mr. Ayush Bishnoi. Mr. Sandeep Pathak. Mr. Neeraj Kumar Sharma. Mr. Vikram Pratap Singh with Ms. Kanika Wadhwani.
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA
Order 09/02/2026
1. This writ petition has been filed by the petitioner with the following prayer:-
“In light of the above facts and circumstances, it is most humbly and respectfully prayed that this Hon’ble Court may kindly be pleased to : a. The actions of the respondents may kindly be declared bad in the eyes of law and action may kindly be taken against the responsible officers; and, b. Issue a writ, order, or direction quashing and setting aside all No Objection Certificates (NOCs) and approvals granted in favour of the proposed petrol pump at Khasra No. 377/324, village Gagdvas, Tehsil Khetri, District Jhunjhunu, Rajasthan, for failure to comply with mandatory statutory guidelines, safety norms, and environmental regulations; and, c. Direct a thorough investigation and inquiry into the collusion and nexus between authorities and the Indian Oil Corporation Ltd. Officials in obtaining illegal approvals and NOCs, for initiating appropriate penal and disciplinary proceedings; and, d. Direct compliance with the guidelines issued by the National Green Tribunal, Central Pollution Control Board, and Petroleum and Explosives Safety Organisation in all material respects before any approvals or permissions relating to the establishment of petrol pumps; and,
[2026:RJ-JP:5870-DB] (3 of 5) [CW-15694/2025] e. Pass any other order(s) as deemed fit in the facts and circumstances of the case to secure justice and public safety.”
2.
Learned counsel for the petitioner submits that the respondents have sanctioned the petrol pump in violation of the norms fixed by the State Government as well as the Petroleum Corporation. Counsel further submitted that the subject petrol pump is situated in close proximity to a residential area, which is in violation of the guidelines issued by the Urban Development Authority and the Housing Board, Department of the State of Rajasthan.
3. Per contra, learned counsel appearing on behalf of the respondents opposed the submissions made by learned counsel for the petitioner and submitted that the petitioner has also challenged the allotment of the petrol pump before the National Green Tribunal, Central Zone Bench, Bhopal, by filing Original Application No. 167/2025 (CZ), wherein the following prayers have been made:-
“For the reasons stated above, it is humbly prayed that this Hon’ble Tribunal may be pleased to: A. The actions of the respondents may kindly be decided bad in the eyes of law and action may kindly be taken against the responsible officers; and, B. Issue direction quashing and setting aside all No Objection Certificates (NOCs) and approvals granted in favour of the proposed petrol pump at Khasra No.377/324, village Gagdvas, Tehsil Khetri, District Jhunjhunu, Rajasthan, for failure to comply with mandatory statutory guidelines, safety norms, and environment regulations; and,
[2026:RJ-JP:5870-DB] (4 of 5) [CW-15694/2025] C. Direct a thorough investigation and inquiry into the collusion and nexus between authorities and the Indian Oil Corporation Ltd. officials in obtaining illegal approvals and NOCs, for initiating appropriate penal and disciplinary proceedings; and, D. Direct compliance with the guidelines issued by the National Green Tribunal, Central Pollution Control Board, and Petroleum
and
Explosives
Safety Organisation in all material respects before any approvals or permissions relating to the establishment of petrol pumps; and, E. And pass such further order or orders as may be fit proper and necessary in the facts and circumstances of the case and thus render justice.”
4.
Learned counsel for the respondents further submitted that the petrol pump belonging to the petitioner’s father/relatives is situated approximately 2.5 kms away from the subject outlet, therefore, the present petition is not a public interest litigation but a litigation filed for personal interest. On these grounds, counsel for the respondents prayed for dismissal of the writ petition filed on behalf of the petitioner.
5. We have heard learned counsels for the parties and perused the material available on record.
6. This writ petition filed by the petitioner deserves to be dismissed for the reasons: firstly, the petitioner has already filed an Original Application before the National Green Tribunal, Bhopal, on the same cause of action; secondly, the subject outlet has already been established and the respondents have prepared a report stating that no residential houses are situated within a distance of 30 meters from the subject outlet; and lastly, since the
[2026:RJ-JP:5870-DB] (5 of 5) [CW-15694/2025] petrol pump of the petitioner’s father/relatives is situated in a nearby area at a distance of approximately 2.5 kms from the subject petrol pump, therefore, in our considered view, the present petition is not in the nature of public interest litigation but is a personal interest litigation.
7. In view of the above, the present writ petition stands dismissed.
8. All the pending application(s), stands disposed of.
(RAVI CHIRANIA),J (INDERJEET SINGH),J MG/29