Rajasthan High Court - Jodhpur
Shankar Gurjar vs Union Of India on 5 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition (PIL) No. 13125/2019
Shankar Gurjar S/o Shri Bholi Ram Gurjar, Aged About 42 Years,
R/o Bariyar, Vadiyar, Tehsil Mavli, District Udaipur, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through, Secretary Ministry Of Road
Transport And Highways, Transport Bhawan-1,
Parliamentary Street, New Delhi-110001.
2. The State Of Rajasthan, Through Secretary, Public Works
Department, Secretariat, Jaipur.
3. The Deputy Manager, Indian Oil Corporation, Division
Officer, Udaipur, Plot No. 1162-63, Sector-11, Hiranmagri,
Udaipur, Rajasthan- 313001.
4. The District Collector And Magistrate, Udaipur, District
Rajasthan-313001.
5. Manisha Agrawal W/o Shri Sachin Agrawal, R/o Ward No.
12, Sardar Patel Stadium, Fateh Nagar, Udaipur.
----Respondents
For Petitioner(s) : Mr. Mahendra Vishnoi
For Respondent(s) : Mr. Rajat Arora on behalf of
Mr. K. S. Rajpurohit, AAG
Mr. Subhash Choudhary
Mr. Dileep Kawadia
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE DINESH MEHTA
Judgment
05/01/2021
1. The petitioner has preferred the present writ petition under
the caption of 'Public Interest Litigation' interalia challenging no
objection certificate dated 21.06.2019, issued by District Collector
for establishment of retail outlet at khasra No.785, Village
Badiyaar, Taluka Mavli, District Udaipur.
(2 of 3) [CW-13125/2019]
2. A reply to the writ petition has been filed by respondent No.5
and a preliminary objection has been raised that the petitioner is
employed at a rival petrol pump being run in the name and style
of 'Nirmal Filling Station'. It is asserted that the petitioner has filed
the present writ petition with a view to serve the cause of his
employer, whose business is likely to be affected in the advent of
establishment of present petrol pump.
3. It is also stated in the reply that the no objection certificate
was granted way back in the year 2016, in furtherance thereof the
land has been converted for establishment of retail outlet.
4. A reply to the writ petition has also been filed by respondent
No.3 - Indian Oil Corporation indicating therein that the land in
question on which the retail outlet is being established is suitable
for the purpose of establishment of retail outlet and the same
meet all the norms, including safety norms set in this regard. It is
also pointed out that a no objection certificate has been issued by
the Ministry of Road Transport & Highways on 01.04.2019 to
commission the retail outlet on the subject location.
5. In view of the aforesaid facts situation, we do not find any
substance in the writ petition. All the concerned authorities have
granted their approval/no objection.
6. In our view, the writ petition, which has been filed under the
label of Public Interest Litigation, has been filed with oblique
motive and vested interest.
7. The petition is, therefore, dismissed with a cost of
Rs.10,000/-.
8. The cost aforesaid shall be deposited by the petitioner with
the Rajasthan State Legal Services Authority in the form of
(3 of 3) [CW-13125/2019]
demand draft drawn in the name of Rajasthan State Legal
Services Authority, within a period of four weeks from today.
9. A copy of this order be sent to the Secretary, Rajasthan
State Legal Services Authority for information.
(DINESH MEHTA),J (INDRAJIT MAHANTY),CJ
133-A.Arora/-
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