SANJEEV PRAKASH SHARMA
Ugala Filling Station – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sanjeev Prakash Sharma, J.
The petitioners, who are running a fuel station allotted to them by the Bharat Petroleum Corporation Limited (hereinafter to be referred as 'the BHPCL"), seek to restrain opening of another fuel station in the nearby premises to be opened by respondent no.9- the Hindustan Petroleum Corporation Limited (hereinafter to be referred as 'the HPCL"), which has been allotted to respondent no. 10. Fuel station is already opened at the location: Ugala, SH-4, Shahbad Adhoya Road, District Ambala, Haryana, by the petitioner.
2. Brief facts which can be culled out from the present petition are that the HPCL issued an advertisement on 25.11.2018 for allotment of regular/ rural retail outlet dealership in various districts of Haryana including District Ambala. It has come on record that respondent no.10 had applied for the said retail outlet and was intimated on 18.07.2019 that his name having been declared as successful and was awarded dealership subject to compliance of terms and conditions issued by the HPCL in this record. Letter of Intent (LOI) was issued to respondent no.10 on 10.09.2019. As per the terms and conditions, the HPCL will develop the retai
Mithilesh Garg v. Union of India AIR 1992 SC 443
Nagar Rice & Flour Mills v. N. Teekappa Gowda and Brothers 1970 (3) SCR 846
IRC guidelines are directory for State Highways, and competitors can challenge violations, but the petition was dismissed for lack of merit.
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The court upheld that urban fuel stations are exempt from minimum distance requirements under the NHAI guidelines to ensure public access.
Locus Standi of rival business - A rival businessman cannot file a writ petition, challenging the setting-up of a similar unit by another businessman, on the ground that establishing a rival busines....
The absence of appropriate rules framed by the State Government renders Indian Road Congress Guidelines non-mandatory, and the maintainability of a writ petition is contingent on the availability of ....
Authorities must adhere to regulatory guidelines when issuing permissions; however, prior involvement in proceedings mitigates claims of prejudice due to non-hearing.
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