The petitioner is seeking for quashing of the

order

dated

22.08.2012,

passed

by

the

Deputy

Commissioner and its affirmation in appeal by the Secretary

to the Government, Food, Civil Supplies & Consumer Affairs

Department.

2.

The facts leading up to the filing of this writ

petition are that the President of the Town Municipality

granted a no-objection to install a Petrol Pump in Plot

No.1684 on 5^th of April 1953 in favour of the petitioner’s

vendor. Objections to the said no-objection was raised by

one V.S. Agadi by filing an appeal to the Collector.

3.

The Collector after inspecting the site on 26^th of

October 1953 in the presence of both the parties and also

the Executive Engineer, Raichur, concluded that the

petitioner had filed a plan to shift the Petrol Pump further

away from the road, to the extent that the Petrol Pump

: 4 :

would be installed beyond 50 feet from the center of the

road and to this the Executive Engineer, who was present

signified his no-objection.

Accordingly, the first objection raised was

overcome, according to the Collector and as regards the

second objection, the Collector had granted permission for

the erection of the Petrol Pump and thus, the appeal