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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Saral Srivastava,J. and Hon'ble Sudhanshu Chauhan,J.
M/S Usha Filling Station – Appellant
Versus
Union Of India And 6 Others – Respondent
JUDGMENT :
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, TehsilSadar, 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 had issued
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.
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.
Existing retail operators cannot impede new competitors without statutory grounds, promoting healthy market competition.
A competitor lacks legal standing to challenge a rival's business establishment when no legal right is infringed, reinforcing 'damnum sine injuria'.
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