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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Parvinder Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. dealership selection process and nocs issued (Para 1 , 2) |
| 2. business rival lacks locus standi unless participant (Para 3) |
| 3. petition dismissed; nocs valid (Para 5) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Respondents No. 2 & 3 – the Indian Oil Corporation Ltd. (in short ‘IOC’) advertised various retail outlets of petrol & diesel on 28.06.2023 for State of Himachal Pradesh. One of the advertized locations was “PAONTA SAHIB WITHIN MUNICIPAL LIMIT (NOT ON NH)”. Petitioner and respondent No. 11 were the only two applicants for this retail outlet. Respondent No. 11 was declared successful in draw of lots held on 04.12.2023. Letter of Intent was issued to respondent No. 11 on 12.03.2024. Different agencies of the State granted No Objection Certificates [NOC(s)] for the site offered by respondent No. 11 for establishing the retail outlet. Final NOC under Rule 144 of the Petroleum Rules, 2002 was issued by the Deputy Commissioner Sirmour on 02.08.2024. Petitioner, in essence, feels aggrieved against the NOC(s) issued for the site offered by respondent No. 11, hence, this writ petition.
2. Vide an interim order passed in this writ petition on 27.08.2024, respondents were restrained f
Participant in retail outlet selection via draw of lots has locus to challenge rival's site NOCs for guideline non-conformity, unlike business rivals; IRC/MoRTH guidelines non-mandatory on major dist....
The court established that IRC Guidelines are directory and do not confer a legal right to challenge the issuance of a Letter of Intent based on proximity.
: High Court while exercising powers under Article 226 of Constitution of India cannot sit as appellate court over decision of NHAI more particularly when same has not been challenged.
Competitive harm does not constitute legal injury under 'damnum sine injuria'; disputes involving pure questions of fact should not be adjudicated in writ jurisdiction.
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 h....
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