Manoj Kumar vs Union Of India And Others
2011 Latest Caselaw 248 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 15351 of 2011
 

 
Petitioner :- Manoj Kumar
 
Respondent :- Union Of India And Others
 
Petitioner Counsel :- Rajiv Gupta
 
Respondent Counsel :- C.S.C.,A.S.G.I. (2011/460),Ajay Dwivedi,Vikas Budhwar
 

 
Hon'ble Amitava Lala,J.

Hon'ble Ashok Srivastava,J.

This writ petition is filed by the petitioner who is running a petrol pump. Respondent no. 7 has been permitted by the Hindustan Petroleum Corporation Ltd., a Government of India undertaking, to install a petrol pump at a distance of 300 meters only from the existing petrol pump of the petitioner. Feeling aggrieved by this action on the part of Hindustan Petroleum Corporation Ltd. the present writ petition has been filed. The petitioner's grievance has been objected to by the respondents' counsel i.e. Hindustan Petroleum Corporation Ltd. as well as the person in whose favour the permission has been granted i.e. respondent no. 7.

First of all it is factually objected that the site of the newly allotted petrol pump is not within 300 meters, but is 312 meters away from the petrol pump of the petitioner. Secondly by virtue of another decision of the Division Bench in Civil Misc. Writ Petition No. 12283 of 2010 (Lila Dhar Gera Vs. The Union of India and others), the distance restriction is only for highways.

That apart, we find, from the nature of the writ petition, that the petitioner being a competitor wants that no other petrol pump promoted by Hindustan Petroleum Corporation Ltd. be installed near his petrol pump. Therefore, such type of cases can only he adjudicated by the civil court in case the petitioner files appropriate suit for injunction. This Court cannot interfere with the same, particularly when the question of supplying essential commodities is involved and no apparent mistake is there on the part of the respondents.

Having so the writ petition is dismissed, however, without imposing any cost.

Order Date :- 14.3.2011

S.B.