Vishva Vardhan vs State Of Rajasthan ...
2026 Latest Caselaw 6759 Raj

Rajasthan High Court - Jodhpur

Vishva Vardhan vs State Of Rajasthan ... on 27 April, 2026

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2026:RJ-JD:19636-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  D.B. Civil Writ Petition No. 2871/2026

Vishva Vardhan S/o Shri Jhunjhar Singh, Aged About 34 Years,
R/o In Front Of Hanuman Temple, Village Gogunda, District
Udaipur Raj.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Principal Secretary, Public
         Works Department Having Its Office At Secretariat,
         Government Of Rajasthan, Jaipur.
2.       The District Collector And District Magistrate, Bhilwara
         Raj.
3.       The Additional Chief Engineer, Public Work Department,
         Ajmer Division, District - Ajmer Raj.
4.       Bharat     Petroleum         Corporation         Limited,    Through     Its
         Territory Manager Retail, Udaipur Retail Territory, Having
         Its Office At Udaisagar Road, District - Udaipur Raj.
5.       Mahaveer Bhalawat S/o Shri Bhanwar Lai Bhalawat, R/o
         118, Chawanda Chowk, Ward No. 14, Karera, District
         Bhilwara Raj.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Himanshu Ranjan Singh Bhati
For Respondent(s)            :     Mr. Vinit Kothari with
                                   Mr. Bhavyadeep Singh Gaur
                                   Mr. Dheeraj Jangid for
                                   Mr.Nishant Bora
                                   Mr. Ayush Gehlot for
                                   Mr. Rajesh Panwar, AAG



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

27/04/2026

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the following

prayers:-

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[2026:RJ-JD:19636-DB] (2 of 3) [CW-2871/2026]

(i) To quash and set aside the order dated 30.12.2025 (Annex-19) and NOC dated 30.12.2025 (Annex-20) passed by the respondent - District Collector;

(ii) To restrain the respondent No.5 from proceeding with the establishment of the retail outlet at the disputed site;

(iii) To direct the respondents to strictly adhere to the IRC guidelines and other statutory norms while granting permissions for retail outlet dealerships.

3. The short point involved in the present writ petition is that

respondent Nos.4 & 5 have established a fuel pump at Km Stone

56 to 59 on State Highway - 61, District Bhilwara.

4. Learned counsel for the petitioner submits that the fuel

pump at Km Stone 56 to 59 on State Highway - 61, District

Bhilwara is said to be established in violation of the guidelines of

Public Works Department for grant of permission for construction

of access to fuel station, service stations, wayside amenities,

connecting roads, other properties, rest area complexes and other

facilities along State Highway/MDRs/ODRs/Vrs.

5. The Public Works Department has filed its reply reflecting

therein that the allegations regarding existence of five

intersections within a distance ranging from 39.2 meters to

231.47 meters from the proposed site are incorrect. It is stated

that the determination of intersections distance was carried out by

the competent technical authority of the Public Works Department

strictly in accordance with the Guidelines dated 11.02.2021 issued

by the Public Works Department, Rajasthan and after taking into

consideration the relevant factors, the intersections have been

constructed on the said road. Further as per the details mentioned

in the reply, it has been mentioned that strict adherence to the

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[2026:RJ-JD:19636-DB] (3 of 3) [CW-2871/2026]

guidelines have been made for grant of NOC for establishing the

fuel pump in the present case.

6. Learned counsel for the respondent further submits that the

checklist prepared for allowing the establishment of fuel pump is

meeting the criteria laid down and, therefore, there is no violation

of the said Guidelines. Learned counsel further submits that points

raised by the petitioner in this writ petition are devoid of any force

as the Permissions/NOC have been granted strictly in accordance

with Guidelines issued on the subject.

7. We have considered the submissions made at the Bar and

have gone through the relevant record of the case.

8. In the present case, a fuel pump is being opened on the

subject location, which is subject matter of challenge before this

Court. The reply filed by the respondents including the respondent

Nos.1 to 3 clearly show that the fuel pump is established in

accordance with the Guidelines issued by the competent authority

of the respondent department. We further note that the

intersections have been created/made at the requisite place and

are meeting the criteria laid down for the same. Therefore, the

establishment of the fuel pump on the subject location does not

suffer from any infirmity and we find no error in the same.

9. In this View of the matter, there is no force in the present

writ petition and the same is hereby dismissed.

(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J

62-nitin/-

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