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2014 Supreme(All) 710

KRISHNA MURARI, VIJAY LAKSHMI
DEEPAK AGARWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rahul Sahai for the Petitioner; C.S.C., Prakash Padia and Ramendra Asthana for the Respondents.

JUDGMENT

By the Court.—Heard Shri Rahul Sahai, learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 4 and Shri Prakash Padia for respondent No. 5.

2. By means of this petition, petitioner has prayed for quashing the order dated 25.4.2013 passed by District Magistrate refusing to grant No Objection Certificate for establishing petroleum retail outlet on the ground that the same is located within 300 metres of another retail outlet, which is violative of paragraph 4.6 of the Indian Road Congress Guidelines (hereinafter referred to IRC Guidelines).

3. Brief facts necessary for the purposes of adjudicating the dispute in this petition are that the Indian Oil Corporation issued an Advertisement dated 20.12.2010 inviting application for establishment of a Kisan Seva Kendra, a retail outlet for petroleum products at Gawan, Babraula road, Block Rajaura, District Sambhal. Petitioner was one of the applicants in pursuance to the said advertisement. After undergoing the process prescribed for selection, the petitioner was selected and a letter of intent dated 15.11.2012 was issued to him. As required under Rule 144 of the Petroleum Rules, 2002, the Indian Oil C




































































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