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[2026:RJ-JD:45393-DB]

REPORTABLE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR Judgment reserved on: 15.09.2026 Judgment delivered on: 05.10.2026 Judgment (Full) uploaded on: 05.10.2026 D.B. Civil Special Appeal Writ No. 677/2023 CNR: RJHC010578842023 | URN: SAW / 1360U / 2023 Inder Singh Rajpurohit S/o Shri Sumer Singh, Aged About 42 Years, Resident Of Village Aakdara, Tehsil Sumerpur, District Pali (Raj.).

----Appellant Versus

1. Union Of India, Through The Secretary To The Government, Ministry Of Road Transport And Highways, Government Of India, New Delhi.

2. National Highway Authority Of India, G-5 And 6, Sector

10, Dwarka New Delhi 110075 Through The Chairman.

3. District Collector Cum District Magistrate, Pali.

4. Regional Officer, Department Of Road Transport And Highways, DCM Ajmer Road, Jaipur.

5. Project Director, National Highway Authority Of India, Project Implementation Unit Near Circuit House, Pali.

6. Bharat Petroleum Corporation Limited, Through Its Territory Manager (Retail), Salawas, installation, Village Salawas, Jodhpur.

7. Yogendra Singh S/o Shri Prem Singh Rajput, R/o Village Aakdara, Tehsil Sumerpur, District Pali (Raj.).

----Respondents For Appellant(s) : Mr. Moti Singh Mr. Sumit Singhal For Respondent(s) : Mr. Vinay Kothari Mr. Ayush Goyal Mr. Bhavyadeep Singh DIVISION BENCH HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON'BLE MR. JUSTICE VINIT KUMAR MATHUR C.A.V. JUDGMENT Sanjay K. Agrawal, CJ:

1. Invoking the appellate jurisdiction of this Court under Rule 134 of the Rajasthan High Court Rules, 1952 (for short ‘the Rules of 1952’), the appellant-writ petitioner has preferred this writ appeal calling in question the legality, validity and correctness of the impugned judgment and order dated 07.08.2023, by which the learned Single Judge has dismissed the writ petition finding no merit, observing that the writ petitioner has no locus to file the writ petition.

2. The aforesaid challenge has been made on the following factual backdrop:

(i) The writ petitioner has filed the writ petition questioning the order dated 03.05.2017, issued by the Bharat Petroleum Corporation Limited (for short ‘the BPCL’) in favour of respondent No.7, by which the Ministry of Road Transport & Highways, Government of India has issued a proposal for grant of access permission to a new retail outlet of BPCL at village, Akadara, tehsil Sumerpur, District Pali.

(ii) The writ petitioner has further challenged the No Objection Certificate issued by the competent authority in favour of respondent No.7 and also seeks direction to ensure the strict compliance of the guidelines issued by the Ministry of Road Transport & Highways, Government of India, New Delhi.

(iii) The BPCL pursuant to the process, selected the private respondent for establishment of a retail outlet and to whom Letter of Intent was granted and provisional No Objection Certificate was also issued by the Ministry of Road Transport & Highways.

(iv) In reply to the writ petition, respondent No.7 has raised an objection that the writ petitioner has no locus standi to file the writ petition as the petitioner is operating an outlet/petrol pump nearby and is a competitor of respondent No.7 in the business of the same trade.

(v) The learned Single Judge, by its order impugned dated

07.08.2023, dismissed the writ petition relying on the decision of the Supreme Court in matter of The Nagar Rice & Flour Mills & Ors. Vs.N.Teekappa Gowda & Bros. & Ors. ¹ , and held that the writ petitioner has no locus standi to file the writ petition, against which the present writ appeal has been preferred by the appellant-

writ petitioner.

3. Mr. Moti Singh, learned counsel appearing for the appellant- writ petitioner would submit that the learned Single Judge is absolutely unjustified in dismissing the writ petition as the petitioner is not the competitor of respondent No.7. The outlet of the petitioner is running since long back and the respondents are obliged to follow the gui