THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE NO-OBJECTION CERTIFICATE DATED 04.02.2022 IN MAG(2)CR.09/2021-22 ISSUED BY THE R-2 IN FAVOUR OF THE R-1 TO INSTALL THE RETAIL OUTLET AT SY.NO.144 AND 166/3 BILLUR VILLAGE, PATHAPALYA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT NEARBY TO THE FUEL STATION RUN BY THE PETITIONERS AS PER ANNEXURE-D BEING ILLEGAL, ARBITRARY UNREASONABLE BESIDES CONTRAVENTION OF THE GUIDELINES POLICY AND NORMS PRESCRIBED.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner herein, who is the authorized dealer of M/s.Shell India Market Pvt. Ltd., running a retail outlet at Yerraganapalli Village, Bagepalli Taluk, Chikkaballapur District, is before this Court being aggrieved by respondent No.1 granting authorization in favour of respondent No.3.

2. According to existing law and guidelines, learned counsel for the petitioner submits the minimum distance that is required to be maintained as provided under Circular dated 25.09.2003/17.10.2003 issued by the Government of India, Ministry of Road Transport and Highways, New Delhi, which regulates setting up of a Petrol Outlet in Non-Urban(Rural) stretches is 1000 mtrs and in the instant case it is 950 mtrs.

3. In response learned counsel appearing for the respondent No.3 referring to the statement of objections submits that the said circular being relied upon by the petitioner has been modified by the Government of India Ministry of Road Transport and Highways effective from 24.07.2013 making it applicable only to the private properties situated along the National Highways and it would not apply to the private properties situated alongside the District roads belonging to State. He submits that the property of the petitioner as well as the respondent No.3 is situated on Bagepalli Billur road which is a District road and not a National Highway. Therefore, he submitted the reliance placed on by the petitioner on to the Circular dated 25.09.2003/17.10.2003 is of no avail.

4. Heard and perused the records.

5. The sole contention urged by the petitioner objecting for issuance of the authorization in favour of respondent No.3 is the Circular dated 25.09.2003/17.10.2003. The modified Circular dated 24.07.2013 is produced by the respondent No.3 along with statement of objections, perusal of which would indicate that the guidelines or norms for access permission to fuel stations, private properties, Rest area complexes and such other facilities are in respect of National Highways and in the instant case admittedly the fuel station of the petitioner as well as respondent No.3 is situated at the District Road.

6. No other grounds having been pointed out, petition is dismissed as lacking merits.