KASHMIR TRADERS Vs. STATE OF J & K

JUDGEMENT

(1.) Petitioner claims that he is running a retail petrol outlet of Indian Oil Corporation at Kadlabal, Pampore, for last four decades. He is aggrieved of process of installing and establishing of the retail petrol outlet by private respondent no.13 (hereafter for short 'private respondent') adjacent to the petrol outlet of the petitioner in violation of the norms and guidelines issued by the Government of India, Ministry of Road Transport and Highways, New Delhi vide Circular dtd. 25/9/2003/ 17.10. 2003.

(2.) Learned counsel for the petitioner, to bolster the case set up by petitioner, has submitted that in view of the policy of Government of India for setting up of a Petrol Outlet in Non-Urban (Rural) Stretches, there has to be a minimum distance of 1000 meters between two petrol pumps, and therefore, the installation of the petrol outlet by private respondent is in violation of the norms and guidelines issued by the Government.

(3.) Learned counsel for the petitioner further submits that the private respondent has dumped building material and tanks for installation and establishment of petrol outlet without obtaining NOC from official respondents, more particularly from respondent no.12. He also avers that the process of the private respondent for installation of petrol outlet adjacent to the petrol outlet of the petitioner is in violation of the guidelines and policy in vogue. He contends that petitioner has already approached official respondents not to issue any NOC in favour of private respondent for setting up a petrol pump near the petrol outlet of the petitioner as that amounts to violation of the guidelines issued from time to time on the subject-matter. Therefore, petitioner has filed present writ petition seeking writ of mandamus to withhold NOC in favour of private respondent and also seeks direction to respondents to follow the policy of the Government in establishing the retail petrol outlet at Kadlabal Pampore.