Dismissed

Prakash Prajapat v. State of Rajasthan

Rajasthan HC5 Jan 2022CW/3153/2021

Case brief

AI extract

What is this about?

Privy Court dismissed a writ petition challenging an advertisement for a petroleum retail outlet. The court held the petitioner lacked locus standi as an interested party operator and the petition was highly belated.

What did the court decide?

Writ petition dismissed; stay application disposed of.

What the court decided

Prakash Prajapat Vs State of Rajasthan — Property and Title | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3153/2021

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Prakash Prajapat S/o Mohanlal Kumawat, Aged About 35 Years, R/o C/o Magical India Enterprises, Mahadev Thekadar Road, Naya Bas, Sujangarh, Churu, Rajasthan.

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----Petitioner

¶5

Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Public Works, Government Of Rajasthan, Jaipur.

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The Executive Engineer, Department Of Public Works, National Highway, Nagaur.

¶8

The Executive Engineer, Department Of Public Works, Didwana, Nagaur.

¶9

Indian Oil Corporation Ltd., Through Its Managing Director, E-83, Shrashti Nagar, Lohgal Road, Ajmer.

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Chief Divisional Retail Sales Manager, Indian Oil Corporation Ltd. Ajmer Divisional Office, E-83, Shrashti Nagar, Lohgal Road, Ajmer.

¶11

Assistant Manager (Retail Sales), Indian Oil Corporation Ltd., Nagaur.

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Chief Manager (Vigilance), Indian Oil Corporation Ltd., Vigilance Department, Northern Area, 1, Aurobidno Marg, Yusuf Saray, New Delhi.

¶13

Sapna Dadhich W/o Praveen Kumar Dadhich, Aged About 34 Years, R/o Sujangarh.

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----Respondents

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For Petitioner(s) : Ms. Deepika Purohit For Respondent(s) : Mr. Rajesh Joshi, Sr. Advocate with Mr. Vineet R.Dave Mr. Nishant Bora

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JUSTICE DINESH MEHTA

Order

(2 of 3)

[CW-3153/2021]

05/01/2022

By way of the present writ petition filed on 17.02.2021, the petitioner has challenged advertisement for grant of retail outlet of petroleum products issued way back on 14.12.2018.

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Mr. Rajesh Joshi, learned Senior Counsel appearing for the respondent No.8, at the outset, submitted that the petitioner has no locus standi to challenge the advertisement in question, as he has not been a participant in the process of selection and more so because the petition is highly belated.

¶23

Ms. Deepika Purohit, learned counsel appearing for the petitioner, submitted that the location, which the respondent – Corporation has advertised, is contrary to law and set norms inasmuch as, the retail outlet which is being established by the respondent No.8 is on a National Highway, whereas the advertisement was issued for a rural location.

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Mr. Nishant Bora, learned counsel appearing for the respondent – Corporation asserted that the location is not on National Highway and the averment is factually incorrect. 5. At that juncture, Ms. Deepika Purohit, learned counsel for the petitioner, prayed for a week’s time to file rejoinder. 6. Having regard to the fact that the reply was filed by the respondents way back in the month of April, 2021, the Court refused to grant indulgence to the petitioner, particularly because no case worth warranting interference on merit was made out.

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Heard learned counsel for the parties.

¶26

Firstly, this Court is of the view that the petitioner cannot challenge the advertisement issued by the respondent – Corporation being an interested person running and operating a retail outlet within the close vicinity.

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(3 of 3)

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[CW-3153/2021]

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None of the petitioner’s rights are infringed.

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The petitioner did not take part in the process of selection, hence, he is not a person aggrieved. 11. Challenge to the advertisement after two years, that too the retail outlet has started its operation cannot be countenanced or entertained.

¶31

The writ petition is therefore, dismissed, without going into merits.

¶32

The stay application also stands disposed of accordingly.

¶33

(DINESH MEHTA),J

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85-skm/-

Prakash Prajapat v. State of Rajasthan

Case brief

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Prakash Prajapat v. State of Rajasthan

Case brief

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What the court decided

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