ORDER :

(C.M. Poonacha, J.)

WP.No.5922/2022 is filed seeking for the following reliefs:

"a) Issue a writ of certiorari or any other appropriate writ, order quashing the order bearing No.EE/PWD/d. Madhugiri/JE/NOC/21-22/2171 dated 19.1.2022 (Annexure-N) passed by the 2nd respondent and the order bearing No.e-office:ARM(2) CR 01/2022/88433 dated 17.2.2022 (Annexure-P) passed by the 3rd respondent as the same are illegal, arbitrary and contrary to the guidelines issued by the 1st respondent and in violation of principles of natural justice."

b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant all the consequential benefits consequent upon quashing the orders/NOC issued by the Respondents 2 and 3 dated 19.1.2022 and dated 17.2.2022 at Annexures-N & P."

2. WP.No.17772/2022 is filed seeking for the following reliefs:

"a) Issue a writ of certiorari in quashing the orders passed by respondent No.4 dated 20.8.2022. Bearing No.ARM/2/CR.39/2022 (104532) vide Annexure-N, & NOC dated 20.8.2022 bearing No.ARM/2/CR.39/2022(104532) vide Annexure-P.

b) Issue a writ of certiorari in quashing the order dated 19.8.2021 No.29/GB(3) NOC/2020 issued by 5th respondent vide Annexure-H."

3. Since common questions arise for consideration in present Writ Petitions, they are being disposed off together by this common order.

4. Heard the learned Counsel for the Petitioners, learned HCGP as well as learned Counsel for the contesting Respondents.

5. It is the contention of the Petitioners in these Writ Petitions that they have been granted retail outlet dealership for selling petroleum products in the year 2020 and that subsequently another person has been granted permission for starting of a retail outlet close to the place where the Petitioners carry on business. The grant of such permission by the authorities is under challenge in these Writ Petitions.

6. The primary contention put-forth by the Petitioners in both the Writ Petitions is that by virtue of the Guidelines/Norms for access permission to Fuel Stations, Private Properties, Rest Areas complexes along National Highways, which has been issued vide Circular dated 24.7.2013, a distance of 300 metres is required to be provided for single carriageway section in non Urban Rural Stretches.

7. In opposition to the Writ Petitions, the primary contention put-forth by the Respondents is that the Guidelines have been revised on 26.6.2020 and as per the revised Guidelines "any objection from the existing fuel station owner against granting of access permission from NH for the proposed new fuel station are to be overruled ...."

8. It is forthcoming that the Government of India, Ministry of Road Transport and Highways, vide Communication bearing No.RW/NH-33023/19/99-DO-III, dated 24.7.2013 issued Guidelines/Norms for access permission to Fuel Stations, Private Properties, Rest Area Complexes and such other facilities along National Highways, where-under the existing norms and guidelines were modified. Subsequently, the Government of India, Ministry of Road Transport and Highways, vide Communication dated 26.6.2020 has issued Guidelines where-under the earlier guidelines issued vide Communication dated 24.7.2013 have been revised. In the revised Guidelines dated 26.6.2020, the Norms laid down with regard to the distance between two outlets has been substantially diluted and there is no specific Norm specifying the distance between two outlets. Further, clause 3(iv) of Appendix I of the Guidelines dated 26.6.2020 specifically provides for two or more fuel stations to be in close proximity with one another and also provides for a common access. It further spe