JUDGEMENT
-
(1.) HEARD learned counsel for the petitioner, Sri Vikas Budhwar, learned counsel appearing on behalf of respondent Nos. 2 to 5 and Smt. Nuzhat Praveen, learned counsel appearing on behalf of respondent No.1.
(2.) BY this writ petition, petitioner has prayed for a mandamus directing the respondents not to establish any such fuel station nearby plot No. 275 and on 277.
Petitioner's case in the writ petition is that petitioner is a proprietor of Petrol and Diesel Dealership of Aliganj Road, under the scheme of Adarsh Kisan Sewa Kendra.
Learned counsel for the petitioner submits that respondent No.6 is taking steps for establishment of another outlet for which license has been given on 18.11.2009. Learned counsel for the petitioner relying on a guideline issued by Indian Road Congress, 2009 submits that under Clause 4.5.1 of the said guideline at the place where respondent No.6 is citing the outlet could not have been done.
(3.) SRI Vikas Budhwar submits that the guidelines on which petitioner is relying are issued by the Indian Road Congress which is not a statutory body and the guidelines have already been issued by the Government of India as well as by the Oil Companies for citing of the outlet and no breach is alleged of the aforesaid guidelines.
After considering the submissions of the parties we are of the view that the guidelines, annexure-1 to the writ petition which are said to be issued by the Indian Road Congress are not statutory guidelines which can be enforced by this Court under Article 226 of the Constitution of India.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.