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HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, SUDHANSHU CHAUHAN
Mohammad Aqib – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SUDHANSHU CHAUHAN, J.
1. Heard Sri Sujit Kumar, learned counsel for the petitioner, learned standing counsel for respondent nos.2, 3, 6 and 7, Sri Vaibhav Tripathi, learned counsel for the respondent no.1 and Sri Komal Malhotra, learned counsel for respondent nos. 4 and 5.
2. The controversy involved in the present petition is that the petitioner is running a retail outlet/petrol pump in the name and style of M/s National Filling Station at Hathagram, District Fatehpur. It is further alleged that respondent no.8 has been allotted a petrol pump of Hindustan Petroleum Corporation Limited - respondent no.5 in contravention to the guidelines contained in the government order dated 4.12.2019. It is further alleged that the petitioner in respect of his grievance has also filed a representation before the District Magistrate, Fatehpur-respondent no.3. In pursuance thereto, the respondent no.3 had issued a show cause notice dated 13.9.2024 to the respondent no.5 and respondent no.8. Hence, by means of the present petition, the petitioner has sought direction for respondent no.3 to cancel the no objection certificate dated 7.10.2023 granted to the respondent no.8 to run the aforesai
A competitor lacks legal standing to challenge a rival's business establishment when no legal right is infringed, reinforcing 'damnum sine injuria'.
Existing retail operators cannot impede new competitors without statutory grounds, promoting healthy market competition.
Competitive harm does not constitute legal injury under 'damnum sine injuria'; disputes involving pure questions of fact should not be adjudicated in writ jurisdiction.
MORTH Guidelines only apply to retail outlets that are to be opened on National Highways.
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.
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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