Single-judge order dismissing a writ petition seeking to prevent new petrol pumps. The court held that pump location is executive policy and courts cannot enforce commercial interests.
The writ application is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1209 of 2010
BIHAR PETROLEUM DEALER'S ASSOCIATION
Versus
THE UNION OF INDIA & ORS
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The location of a Petrol Pump is a matter of executive policy. If the opening of a new Petrol Pump affects the business of those running existing out lets, no writ petition shall lie for protection of their commercial interest.
It is not the jurisdiction of the Court to usurp executive powers to
start taking policy decision as to where Petrol Pumps should be located.
The writ application is dismissed.
Snkumar/- (Navin Sinha,J.)
2 issues framed by the court
Whether a writ petition lies where the location of a petrol pump is a matter of executive policy.
Whether the Court can intervene to protect commercial interests against the opening of new petrol pumps.
BIHAR PETROLEUM DEALER'S ASSOCIATION
THE UNION OF INDIA
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court