JUDGMENT :

S. Ravindra Bhat, J.

1. Complaining violation of public interest, the petitioner in this case alleges that the allotment of petrol pump retail outlet to the private-respondent (contesting Respondent No. 8; hereafter referred to as "Successful applicant") is contrary to law; therefore, he has approached this Court under Article 226 of the Constitution of India.

2. The brief facts are that the petitioner had initially bid for a petroleum outlet. The location of that outlet was cancelled and later shifted to the present site at Kharda village. The successful applicant had bid for the site located at Khasra No. 5327/2302 within the 'abadi' limits of the village, which is located near Nadol.

3. The writ-petitioner complaints that the location of petroleum pump outlet contravenes provisions of National Highways Act, 1956 and the regulations framed thereunder. The petitioner impleaded amongst others NHAI, the State of Rajasthan, the Oil Company concerned (HPCL) and the successful applicant.

4. The petitioner argues that the NOC granted by the Tehsildar is contrary to law, more specifically, provisions of Sections 20 and 25 of the Rajasthan State Highways Act, 2014 (hereinafter referred to as 'the Act of 2014'). It is submitted that besides, the stretch of the concerned carriage road has been now declared a National Highway. In support of this submissions, the petitioner relies upon a Notification dated 22.2.2012 (at Sr. No. 192A) declaring that the existing highway would be in extension of NH-162 connecting Marwad, Nadol, Desuri, Kumbhalgarh, Haldighati, Nathdwara, Mavli and terminating at Bhatevar on NH-27 in the State of Rajasthan.

5. Expanding on the subject, learned counsel reiterates that Section 20 places an embargo upon utilization, conversion and diversion of agricultural land for other purpose and similarly alleges that the location of the petroleum outlet contravenes Section 20(1) and Section 25 of the Act of 2014.

6. Resisting the claim, counsel for the contesting-respondent and HPCL argue that State issued the NOC on 19.6.2018 after the concerned revenue official i.e. District Magistrate carried proper inquiry by an inspection report of the Tehsildar, who visited Khasra No. 5327/2302 at village Nadol, Tehsil Desuri, Police Station Rani, District Pali. Counsel for HPCL also relied upon the NOC and certificates issued by various authorities including PWD and Controller of Explosives etc. It is submitted on behalf of the State that this particular stretch which is adjoining to the location is in fact not a part of the National Highway but rather has not been ceded to be by the State authorities. The relevant documents in this regard are letters dated 25.7.2012 and 16.5.2016, (the letter issued by State Unit of NHAI).

7. It is argued on behalf of HPCL and the contesting respondent that the setback provided and even the exact location of petrol pump outlet corresponds to the relevant guidelines of Indian Road Congress, which requires a minimum distance of 40 Meters on either side from the middle of a carriage road, which is satisfied in the present case.

8. The petitioner had approached this Court earlier, as a person aggrieved, contending that the cancellation of the previously advertized location was arbitrary. His interest is not one of a public spirited citizen; nor he is concerned with the adherence of rule of law by the respondents or for that matter the larger or general public interest. However, on this ground alone the court does not propose to dispose of the petition.

9. During the course of proceedings petitioner's counsel could not satisfy this Court as to how, in view of the fact that the State Authorities, (PWD) on 25.7.2012 refused to hand-over the existing highway to the NHAI; i.e. the concerned stretch could be a part of National Highway. Although the petitioner relied upon Section 2, 4 and 5 of the Natio