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2011 Supreme(Raj) 958

VINEET KOTHARI
Rajasthan Petroleum Dealers Association through its Secretary, Jaipur – Appellant
Versus
Union of India – Respondent


Advocates Appeared
Sajjan Singh, for Petitioner;
Arun Bhansali,Vijay Bishnoi and O.P.Mehta, for Respondent Oil Companies;
V.K. Mathur, for Union of India

Hon'ble Dr. KOTHARI, J.—The petitioner – Rajasthan Petroleum Dealers Association has filed this writ petition under Article 226 of the Constitution of India for quashing the impugned advertisements dated 4/8/2010 and 29/8/2010 issued by the respondent Oil Marketing Companies; HPCL, BPCL & IOC (`OMC' for short) by which these OMCs sought to invite applications for allotment of retail outlets to the selected applicants for allotment of retail outlets to them.

2. The case set up by the petitioner Association in the writ petition and as argued by learned counsel with all vehemence at his command is that the respondent OMCs have not only breached the conditions and guidelines issued by the Petroleum Ministry of Government of India while issuing these advertisements for allotment of petrol pumps but also by allotting so many petrol pumps, it will cause not only loss to the respondent OMCs but also to the intending dealers as their projected sale targets have been fixed at much lower levels and such dealers would not be able to achieve even the break even point much less profit, if these outlets are allowed to be allotted and constructed with the huge investments.

3. Learned counsel for the





























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