O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari to call for the records relating to the proceedings bearing No.4494/ SDMY/ D3/ Petrol/ 2020-21 dated 29.1.2021 on the files of the 3rd respondent and quash the same.

2. The case of the petitioner is that the petitioner is a dealer of Indian Oil Corporation Limited having petrol filling station at NH2016, Kanakalapeta, Yanam 533 463 and engaged in the supply of petrol, high speed diesel and other petroleum products. The petitioner states that within 50 meters from the existing outlet of the petitioner, on the same side of the road, one M/s.Own Eco Energy Pvt.Ltd., intended to establish a new petrol retail outlet abetting NH-2016 and the same sought to be commenced without obtaining NO Objection Certificate from the respondents 2 and 3 and in violation of the guidelines / norms issued by the 1st respondent dated 24.07.2013. As per the said clause, in respect of Undivided Carriageway, the minimum distance prescribed is 300 meters including deceleration and acceleration lanes and in respect of divided carriage way, the minimum distance prescribed is 1000 meters including deceleration and acceleration lanes. The petitioner objected for grant of no objection certificate to the proposed retail outlet as the same is situate within 100 meters. Under those circumstances, the petitioner has filed W.P.No.33354 of 2017 for Writ of Mandamus forbearing the respondents 2 and 3 from granting No Objection Certificate for starting the retail outlet. During the pendency of the Writ Petition, this Court vide order dated 20.12.2017, had granted interim order and it is still in force. Though the order of interim order was passed, the 3rd respondent vide proceedings dated 29.01.2021, had granted No Objection Certificate to the 4th respondent to set up a retail outlet for storage and usage in contravention of the guidelines / norms dated 24.07.2013. Challenging the said proceedings, the present petition is filed.

3. The learned counsel appearing for the petitioner submitted that the minimum distance for divided carriage way with no gap in the median in the location and stretch is 1000 meters, however, the proposed retail outlet is proposed to be located within 1000 meters of divided carriage way, which is in violation of the guidelines / norms dated 24.07.2013. Further, the learned counsel appearing for the petitioner submitted that the establishment of the proposed retail outlet by the 5th respondent is to circumvent the guidelines dated 24.07.2013, which is still in force and for the purpose of evading payment of sales tax, which is higher in the State of Andhra Pradesh compared to Yanam. Therefore, the grant of no objection certificate by the 3rd respondent for the establishment of the proposed retail outlet by the 5th respondent is bad in law and contrary to the guideline dated 24.07.2013.

Hence prays for quashment of the proceedings of the 3rd respondent, dated

29.01.2021.

4. The learned Additional Government Pleader (Pondicherry)

submitted that the said National Highway (NH-2016) was recently developed as four lane road with service road and median and the allegation levelled by the petitioner in respect of the distance between two fuel stations are not maintainable as he relies upon the guidelines issued on 24.07.2013. As per the latest guidelines, issued by the Ministry of Road Transport and highways, Government of India vide No.RW-NH-33032/01/2017-S&R(R), dated 26.06.2020, particularly in Point NO.2.3(6), prescribed as follows:

''Distance between two fuel stations: 300m-for both divided and undivided carriageway (including deceleration and acceleration lanes). However, this restriction shall not apply in case access / egress for all such fuel stations are provided through common service road of 7.0m width and not directly to NH. Further, access for fuel stations at closer proximity than 300m may be allowed provided entry/exit for both fuel stations are prov