RADHA KRISHNA SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner having his retail out let at Jeypore town styled as Kallia Service Unit under the dealership of Hindustan Petroleum Corporation Limited has filed the instant Writ Petition with a prayer for quashing the appointment of Opposite Party No. 8. as a dealer of the Indian Oil Corporation for Jeypore Municipal area over plot No. 1/2668 of Khata No. 1451 /178 of mouza Jagadhatripur along N. H. No. 43 in the district of Koraput and to direct the Opposite Parties to comply with the Government of India Circulars dated 31.8.2000 and 25.9.2003 before proceeding with the setting up of the new retail outlet and to quash the Section of Opposite Party No. 8.

(2.) THE brief facts of the case are that the Indian Oil Corporation Opposite Party No. 3 vide the advertisement published in various newspapers on 29.11.2003 invited applications for appointment of dealers for retail outlet dealerships of petroleum products in which the retail dealership in question for Jeypore town of Koraput district was mentioned at SI. No. 31. After completion of selection process, Opposite Party No. 8 was selected but the selection was challenged in an earlier Writ Petition i.e. W.P.(C) No. 1399 of 2004 filed by one of the candidates which has been dismissed by Order Dated 23.2.2006.

(3.) IN the counter affidavit filed on behalf of Opposite Party No. 2, the Executive Engineer, N.H. Division, Sunabeda, it has been stated that drawing was prepared for measuring the distance of the proposed site from the nearest petrol pump and in paragraph 4 it has been specifically mentioned that it may be seen from the drawing enclosed as Annexure -R/4 that the distance of the proposed fuel station from the nearest fuel station is 435 meters which satisfies the norms fixed by the Government of India. Counter affidavit has also been filed on behalf of the Indian Oil Corporation in which it has been mentioned that vide letter No. RW/NH -33023/19/99 -DO -111 dated 25.9.2003 it was provided that the distant between two retail outlet on the same side of the undivided carriage way shall be 300 meters. It has been further stated in the counter affidavit that Clause 4.4.3 of the Appendix to the said circular has the provision/for putting two petrol pumps in less than 300 meters distance. If they are on same side of the road, a common approach road is to be built by the new entrant. However, the instant site of the proposed petrol pump of Indian Oil Corporation is on the other side of the road and the norms which were fixed for the same side would not be applicable for installing petrol pump on the other side of the road. Any how, the National Highway Division has measured the distance and found that the proposed site of Opposite Party No. 8 is at a distance of more than 300 meters from the Petitioner's site which itself over -rules the contention of the Petitioner. The Collector, Koraput vide letter dated 28.8.2004 (Annexure -B/3) has granted no objection certificate in favour of Indian Oil Corporation for opening of the said retail outlet. The Controller of Explosives also vide letter dated 25.1.2005 Annexure -C/3 has granted the explosive licence in favour of Indian Oil Corporation and the Koraput Regional Improvement Trust vide letter dated 11.3.2005 (Annexure -D/3) has granted no -objection with regard to construction of petrol pump in favour of Indian Oil Corporation.