M.Y. Eqbal, J.

1. Heard Mr. Indrajeet Sinha, learned Counsel appearing on behalf of the petitioner, Mr. V.R. Reddy, learned Senior Counsel appearing on behalf or respondent No. 5 and the learned Counsel appearing for the Union of India and the State of Jharkhand.

2. In this writ petition the petitioner has prayed for quashing the "No Objection Certificate" [In short NOG] issued by the Deputy Commissioner, Hazaribagh on 31.12.2003 in favour of respondent No. 5, M/s. Reliance Industries, Ltd, Ranchi to install retail outlet on National Highway No. 2, G.T. Road, near Barhi in the district of Hazaribagh and also for quashing the order dated 3.6.2005 passed by the Deputy Commissioner. Hazaribagh whereby he has permitted both the petitioner and the private respondent No. 5 to carry on their business of petrol outlet in the said place.

3. Petitioners case is that he was granted NOG by the Deputy Commissioner on 12.9.2003 for staring a petrol pump in G.T. Road near Barhi. It is stated that although the Government of India issued guidelines and restrained from opening fuel outlet within the distance of 300 meters from one outlet to another outlet but the Deputy Commissioner. Hazaribagh issued NOC to respondent No. 5 for opening fuel outlet within the distance of 300 mintcrs.

4. Earlier the petitioner moved this Court for the same relief i.e. for quashing the NOC dated 31.12.2003 issued in favour of respondent No. 5 for opening retail outlet in the said place. That writ petition being WPC No. 1607 of 2005 was dismissed on 6.4.2005. However it was observed in the said order that if the petitioner has any grievance, he may approach the Deputy Commissioner. Hazaribagh who shall consider the grievance of the petitioner and pass appropriate order. Pursuant to the aforesaid observation the petitioner approached the Deputy Commissioner. Hazaribagh and put his grievance by filing representation. The Deputy Commissioner, by the impugned order dated 3.6.2005. disposed of the representation in accordance with the guide lines issued by Union of India and directed both the petitioner and respondent No. 5 to carry on their business after constructing a parallel road within six months.

5. Mr. Indrajeet Sinha, learned Counsel appearing on behalf of the petitioner submitted that the Deputy Commissioner, while passing the impugned order, has totally over looked the guidelines and norms issued by the Ministry of Road Transport and Highways in the matter of installation of fuel outlet. Learned Counsel drawn my attention to the guidelines issued by the Ministry of Road Transport and Highways, Govt. of India and submitted that installation of fuel outlet by respondent No. 5 is in gross violation to the said guidelines.

6. On the other hand. Mr. Reddy. learned senior counsel appearing on behalf of the private respondent No. 5. at the very outset, submitted that respondent No. 5 applied before the Deputy Commissioner, Hazaribagh for grant of NOC prior to filing of the application by the petitioner for the grant of NOC and the retail outlet of this respondent is in operation since 20.6.2005 and it has already commenced commercial operation. Learned Counsel submitted that respondent No. 5 has set up retail outlet in question in accordance with the norms laid down by the Ministry of Road Transport and Highways after obtaining necessary statutory licenses under Petroleum Acts and the Bihar Petroleum Products (Licensing and Regulation of Supplies) Order. Learned Counsel further submitted that service road has already been constructed by respondents No. 5 after acquiring the land and. therefore, the guidelines issued by the Ministry of Road Transport and Highways have been fully complied with.

7. Learned Counsel appearing on behalf of Union of India and the State of Jharkhand have supported the order passed by the Deputy Commissioner and submitted that the direction issued by the Deputy Commissioner In the impugned order is in lull compliance of the guidelines and the