Rajasthan High Court
Mahendra Kumar Son Of Shri Gangu ... vs The State Of Rajasthan on 9 November, 2021
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 838/2021
Mahendra Kumar Son Of Shri Gangu Ram, Aged About 31 Years,
R/o Dhani Dehra Tan Mau Bagariyawas, Tehsil Srimadhopur,
District- Sikar, (Raj.)
----Appellant
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Public Works, Government Secretariat,
Jaipur.
2. The District Collector, Sikar.
3. The Chief Engineer, Public Works Department,
Government Of Rajasthan, Saravjanik Nirman Bhawan,
Jaipur.
4. The Superintending Engineer, Public Works Department,
District Sikar.
5. The Executive Engineer, Public Works Department,
Division Neem Ka Thana, District, Sikar.
6. M/s Essar Oil And Gas Ltd., Through Its Divisional
Manager, Jaipur, 8 And 9A, 4Th Floor, Man Upasana Plaza,
Sardar Patel Marg C-Scheme, Jaipur.
7. Shri Bhinwa Ram Jat Son Of Shri Surjaram, R/o Khasra
No. 251, Village Rampura Thoi, Tehsil Sri Madhopur,
District Sikar, Rajasthan.
----Respondents
For Appellant(s) : Mr. Manish Kumar Sharma
For Respondent(s) : Mr. Ankit Sethi
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
Order
09/11/2021
This appeal is filed by the original petitioner to challenge the
judgment of the learned Single Judge dated 06.09.2021. The
(2 of 3) [SAW-838/2021]
petitioner had challenged a clearance granted by the Public Works
Department in the State Government in favour of respondent No.7
for setting up of a petrol pump at a designated site.
According to the petitioner, such permission was in breach of
safety norms laid down by the Government. The learned Single
Judge dismissed the petition inter alia observing that the
petitioner is found to be a close relative of one Shri Jhabbar Singh
Jakhar who himself has set up a petrol pump and, therefore,
wants to avoid any competition. Further, with respect to the
relaxation granted to respondent No.7, on facts, the learned
Single Judge observed as under:-
"11.However, this Court also has to examine whether the
relaxation could have been granted by the Chief Engineer,
PWD, Rajasthan. It is noticed that on 05/04/2017, the Chief
Engineer, PWD has refused to grant relaxation in the
norms. It has come on record that on 20/04/2017, a
detailed report was submitted in relation to the complaint
made by the petitioner. The intersection clause as per the
report is with reference to a gravel road which is 77 meters
away from the Petrol Pump site and an earth track
('Kachcha Rasta') which is 75 meters away. It is also
noticed that both the roads, which are stated to be 75
meters away and 77 meters away, lead to a small group of
houses ('Dhani') and ends there. It is not a regular road.
Keeping in view all these aspects, the respondent no.7 has
requested for granting him relaxation for setting up Petrol
Pump. However, the question remains whether the Chief
Engineer, PWD can grant relaxation."
From the record, we further notice that previously the
petitioner has approached this Court and raised similar grievance
which petition was disposed of by the Court permitting petitioner
to make a representation which was never made. Additionally, we
also notice that the petitioner was not a rival claimant for licence
to run a petrol pump and in any case, he has not claimed any
personal interest. If that be so, this petition should have been filed
(3 of 3) [SAW-838/2021]
before the learned Single Judge without giving it the character of
PIL.
In the result, the appeal is dismissed.
(REKHA BORANA),J (AKIL KURESHI),CJ
Anil Goyal/BM Gandhi-PS/49
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