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2025 Supreme(Online)(Cal) 2642

CALCUTTA HIGH COURT
Rajasekhar Mantha, Ajay Kumar Gupta, JJ
Prasanta Kumar Bhattacharya & Anr. – Appellant
Versus
The Hindustan Petroleum Corporation Limited & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Somnath Ghoshal, Mr. Satyajit Senapati, Mr. Amar Krishna Saha, Mr. Rahul Nag, Mr. Dipanjan Karmakar, Ms. Smita Singh
For the Respondents: Mr. Biswanath Chatterjee, Mr. Sobhan Kumar Pathak

1. The challenge made in the instant appeal is to an order dated 13th March, 2025 passed by a Single Bench of this Court.

2. By the said order, the writ petition of the writ petitioners was dismissed. The grievance of the writ petitioners/appellants is that the respondents/Oil Company has granted licence for setting up another retail petroleum outlet, within 1 km distance of his retail outlet.

3. Learned counsel for the writ petitioners/appellants has placed reliance upon notification dated 26th June, 2020 titled “ Norms for Location, Layout and Access to the Fuel Stations along National Highways ”, sub- rule (6) of the norms described that a distance of 1000 meters must be maintained by Oil Company between two retail petroleum outlets.

4. It is argued that apart from violation of the aforesaid norms, the rights of the writ petitioners/appellants under Article 19(1)(g) are affected by reason of the action of the HPCL in allotting a petroleum outlet within 1 km. of his retail outlet. It is argued that the writ petitioners/appellants would lose customer base and the HPCL would not in any way benefit from acting in violation of the aforesaid norms.

5. Counsel for the HPCL would argue that

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