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2008 Supreme(Ori) 860

B.S.CHAUHAN, B.N.MAHAPATRA
UTKAL PETROLEUM DEALERS ASSOCIATION – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
K.K. Jena and A.K. Jena, for the Appellant; L. Jena, C.G.C. for Opp. Party Nos. 2 and 3, S. Patnaik, for Opp. Party No. 8, Addl Govt. Advocate for Opp. Party Nos. 1 and 6 and G. Mukherji, for Opp. Party No. 11, for the Respondent

JUDGMENT :

B.S. Chauhan, C.J. - This writ petition has been filed as a PIL for issuing derection to the State of Orissa for formulating the guidelines/norms for setting up of retail outlets along the National Highways, State Highways, Major District Roads and other District Roads in the State of Orissa.

2. Petitioner is an Association of Petroleum Dealers and has filed this petition in public interest for laying down the Rules statutory in nature and for strict adherence/ observance thereof as the public at large would be benefited by it.

3. Learned Counsel for the Petitioner has submitted that the Petitioner's association is interested in the safety and welfare of the people at large and it is not seeking any direction that no retail outlet shall be established. Therefore, it has filed a petition issuing direction to the State of Orissa to formulate statutory provisions or at least guidelines analogous to the guidelines framed by the Union of India from time to time fixing the distance etc. between two petrol pumps depending upon the nature of the highway or width of the roads.

4. On the other hand, learned Standing Counsel has opposed the petition contending that in case this Court p























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