IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8771 OF 2025 (GM-RES)

BETWEEN:

SRI MUNIRAJU S/O CHINNAPPA, AGED 55 YEARS DODDADUNNASANDRA VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562110 …PETITIONER (BY SRI. MAHESH B J., ADVOCATE)

AND:

1. UNION OF INDIA Digitally signed MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, by CHAITHRA A Location: HIGH TRANSPORT BHAVAN, COURT OF KARNATAKA NO.1, PARLIAMENT STREET, NEW DELHI - 110 001.

REP. BY PRINCIPLE SECRETARY.

2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BEERASANDRA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.

3. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM EXPLOSIVES SAFETY ORGANISATION (PESO), 2^ND FLOOR, CITY CENTRE, OPP. HOTEL ROOPA, BALMATTA ROAD, MANGALORE-575 001.

4. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BENGALURU DIVISION, PWD ANNEXE BUILDING, 2^ND FLOOR, K.R. CIRCLE, BENGALURU-560001.

5. SUPERINTENDENT OF POLICE, BENGALURU RURAL DISTRICT, BENGALURU - 562110

6. THE PANCHAYATH DEVELOPMENT OFFICER, DEVANAGUNDI VILLAGE PANCHAYATH, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. 562110

7. MANGALORE REFINERY & PETROLEUM CHEMICALS LTD., BLOCK NO.A1, KSSIDC, A.O. BUILDING, INDUSTRIAL ESTATE, RAJAJINAGAR, BENGALURU - 560 010.

A COMPANY INCORPORATED UNDER COMPANIES ACT 1956

8. SRI. SHASHIKIRAN R.G., AGED MAJOR, NO. 477, SRI SANIDHI, 1^ST CROSS, SUBHODAYA ROAD, KAVERI LAYOUT, MARATAHALLI, BENGALURU. 560037 …RESPONDENTS (BY SRI. S R DODAWAD, CGSC FOR R1 SMT. NAVYA SHEKHAR, AGA FOR R2, R4 & R5 SMT. MAMATHA S., SHEKAR, ADVOCATE FOR R6 SRI. RAYAPPA Y HADAGALI, ADVOCATE FOR R7 SRI. E.I. SANMATHI, ADVOCATE FOR R8 SRI. SHANTHI BHUSHAN H., ADVOCATE FOR R1 & R3)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NO OBJECTION CERTIFICATE BEARING NO. A/P/SM/KA/14/12239 DTD 01.01.2025, ISSUED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, BENGALURU RURAL DISTRICT, VIDE ANNX-A. DECLARE THAT THE RETAIL OUTLET/ FUEL STATION INTENDED TO BE ESTABLISHED IN THE PETITION SCHEDULE PROPERTY BY THE R-7 AND 8 IS CLEARLY IN VIOLATION OF THE GUIDELINES PRESCRIBED BY THE R-1 DTD 26.06.2020 VIDE ANNX-D. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Petitioner in the captioned petition is assailing the 'No Objection Certificate' (for short 'NOC') issued by respondent No.2 enabling respondent No.7 to establish a retail outlet.

2. The petitioner's grievance is that the authorities have not adverted to the minimum distance to establish a new petrol bunk. Therefore, petitioner in the captioned petition is assailing the NOC on the ground that it is contrary to guidelines and judgment rendered by this Court. Petitioner contends that respondent No.7 cannot establish petrol bunk within a distance of 300 metres and

25 metres from the middle of the road.

3. The captioned petition is contested by the learned AGA and also by the private respondent Nos.7 and 8 placing reliance on the two Division Bench judgments rendered in W.A.No.50299/2012 and W.A.No.100552/2015.

4. Heard the counsels on record. Perused the materials and also the judgment rendered by this Court.

5. The judgment rendered by the Division Bench of this Court in W.A.No.50299/2012, would clearly clinch the dispute between two retail outlets. Paragraph No.2 would be relevant and the same is extracted as under:

"2. The grievance of the petitioner is that she has set up a petrol bunk and vending petrol and now an attempt is made to set up another petrol bunk within 100 metres. If the same is permitted, it leads to competition and both of them would not survive as the capacity of the village is hardly about 800 litres per day. While granting petrol bunk permission, not only the capacity of the village is taken into consideration, persons who pass thro