Miss Gayvanshi Jain D/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3640 Raj/2

                        (1 of 2)                                      [CW-8463/2021]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No.8463/2021

Miss Gayvanshi Jain D/o Shri Rakesh Kumar Jain
                                                                     ----Petitioner
                                    Versus
State Of Rajasthan & Others
                                                                   ----Respondent

For Petitioner(s) : Mr. Pradeep Mathur For Respondent(s) : Mr. Jai Prakash Gupta

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

Reserved on 11th August, 2021

Pronounced on 12th August, 2021

Learned counsel for the petitioner submits that the order

passed in T.I. was reversed by the Ld. Additional District Judge

No.4, Kota vide judgment dated 30.07.2021 on the basis of

interpreting provision 4.6.3 of the circular dated 24.07.2013 and

the provision of keeping distance of 1000 meters between two

petrol pumps has been treated, is directory and not mandatory

without giving a finding that the provision 4.6.3 is wholly

applicable when there is a service road available attached to the

highway.

Learned counsel for the caveator submits that the

respondent has made a service road for himself.

However, this court finds that the issue has to be examined

before the trial court and not while deciding in appeal against the

order of T.I. Prima facie, the matter requires to be examined.

(2 of 2) [CW-8463/2021]

Issue notice of writ petition as well as stay application to the

respondent nos.1, 2 & 4, returnable within six weeks.

In the meanwhile, the effect and operation of the order

dated 30.07.2021 passed by the Ld. Additional District Judge No.4

Kota shall remain stayed and the order of the Ld. ACJM No.1

(South), Kota dated 11.02.2021 shall continue to remain in

operation.

(SANJEEV PRAKASH SHARMA),J

Karan/17

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