Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, SUDHANSHU CHAUHAN
Usha Filling Station – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(Per-Hon'ble Sudhanshu Chauhan,J.)
1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 5 and 6 and Sri Komal Mehrotra, learned counsel for respondent nos. 2 to 4.
2. The controversy involved in the present writ petition is that the petitioner is an authorized dealer of Hindustan Petroleum Corporation Limited having a retail outlet at Arazi No. 430, Village Kakrait, Pargana-Narwan, Tehsil-Sadar, District Chandauli and is carrying on the business since 14.7.2020.
3. Bharat Petroleum Corporation Limited-respondent no.2 had published an advertisement on 28.6.2023 amongst others for grant of Rural Retail Outlet Dealership at the location Village Kakrait to Kandawa (including both villages) on Kakrait to Kandawa Road (not on National Highway), District Chandauli for the reserved category of scheduled caste. In this regard the respondent no.7 had proposed to set up a retail outlet on land measuring 2091.078 square meters comprised in Arazi No. 412, Mauza Kakrait, Pargana-Narwan, Tehsil-Sadar, District Chandauli.
4. The respondent no. 7 was selected for the said outlet on 27.12.2023. Subsequent thereto the respondent no.4
Competitive harm does not constitute legal injury under 'damnum sine injuria'; disputes involving pure questions of fact should not be adjudicated in writ jurisdiction.
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.
Existing retail operators cannot impede new competitors without statutory grounds, promoting healthy market competition.
Administrative decisions must be made fairly and cannot be rejected on hyper-technical grounds if the applicant has complied with all requirements and invested in the project.
MORTH Guidelines only apply to retail outlets that are to be opened on National Highways.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
