Point of Law: whether granted by Gram Panchayat, is found to be incorrect, and as such, this Court is not inclined to exercise the equitable jurisdiction in favour of the petitioner in addition to the petitioner having no locus. To settle the score of business rivalry, it is not open for the petitioner to invoke extraordinary jurisdiction of this Court in absence of any indication about personal legal right being infringed or fundamental right of any nature

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

(A) Your Lordships may be pleased to admit and allow the present petition.

(B) Your Lordships may be pleased to pass appropriate, order relief direction by quashing setting aside the impugned no objection certificate (N.O.C.) issued by the Additional Collector, Valsad respondent no.3 herein as the said NOC issued without considering the objection filed by the petitioner’s Manager dtd.12.2.2020.

(C) Pending admission, hearing and final disposal of the petition Your Lordships may be pleased to stay the pending impugned NOC and other permissions issued by the competent authorities in the year 2020 and further be pleased to restrain respondent no.6 from constructing the petrol pump on a road which is not falling under rural category but falling under the GIDC.

(D) Your Lordships may be pleased to grant such other and further relief’s as may be deemed fit, just and proper in the interest of justice.

2. The case of the petitioner is that pursuant to the advertisement issued by Hindustan Petroleum Corporation Limited (hereinafter referred to as ‘HPCL”) inviting applications for dealership of Retail Outlet of petrol and diesel, the petitioner applied for the same and having been found suitable, the petitioner’s dealership was sanctioned by the HPCL and the petrol pump is running in the name of ‘Dutt Petroleum’, situated on Survey No.272/1, Sarigam GIDC. Bypass Road, Sarigam, Taluka Umargam, District Valsad and at present also, the said petrol pump of the petitioner is functioning.

3. Subsequently, respondent No.4, i.e. Bharat Petroleum Corporation Ltd. (hereinafter referred to as “BPCL”) gave an advertisement inviting applications for dealership of Retail outlet of petrol and diesel, vide its advertisement dated 25.11.2018, wherein three application were submitted, out of which, the respondent No.4 selected one Parth Oza, who is respondent No.6 herein. It is the case of the petitioner that in the advertisement dated 25.11.2018, at serial No.121, it was elucidated that application for dealership of retail outlet was invited for rural area only and according to the petitioner, i.e. from village Sarigam, but the petitioner came to know that the respondent No.6 is establishing his petrol pump on State highway, which is passing through the village of the petitioner, hence Manager of the petitioner Mr. Ajay Singh submitted an objection against issuance of NOC in favour of the respondent No.6 and the same was also forwarded to the Additional Collector, Valsad on 12.2.2020. It is also submitted by the petitioner that for the purpose of completing legal formalities, the petitioner had deposited an amount of Rs.2,04,855/-with respect to the Revenue Survey No.272/1, paid before GIDC, Gandhinagar for the purpose of development expenditure. The Roads and Buildings Department, vide its communication dated 21.1.2016 had clarified the status of the road and therefore, there was no deviation permissible. The petitioner made an application to the Deputy Executive Engineer, R & B Department about the status of GIDC bypass four lane road and in turn, a letter was written to the Executive Engineer, GIDC by the Deputy Executive Engineer on 28.2.2020 asking the status of Sarigam GIDC bypass road. It is informed that GIDC had acquired the land for Sarigam Industrial Residence purpose, in which, 30 meter road is constructed, however at present, the said road was entrusted to R & B Department.

4. It is the case of the petitioner that on account of the fact that the respondent No.4 is out to allot dealership to the respondent No.6 on the highway, the business of the petitioner is going to be badly affected and therefore, again, the Manager of the petitioner submitted an objection on 12.2.2020 and informed that the construction of petrol pump is on a road which is not coming in the Rural Category and therefore, there is a violation of