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HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, SUDHANSHU CHAUHAN
Mohammad Aqib – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner alleges competitor's outlet harms his business. (Para 2 , 4) |
| 2. respondents claim petitioner's lack of locus standi. (Para 3) |
| 3. legal principle of damnum sine injuria discussed. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. petitioner is not an aggrieved person under law. (Para 11) |
| 5. writ petition dismissed, no costs awarded. (Para 12 , 13) |
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, Fate
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.
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