This appeal challenges the dismissal of a writ petition regarding a petition against the allotment of a retail petrol outlet. The High Court, treating the appeal as for delay and lack of locus standi, dismissed it noting the appellant invested in their own pump and the dispute location was abandoned land.
The appeal was dismissed accordingly.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 357/2022
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.
----Appellant
Versus
----Respondents
For Appellant(s) : Ms. Deepika Vyas. For Respondent(s) : Ms. Kamini Joshi.
HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI
Order
13/05/2022
Heard on admission.
(2 of 3)
[SAW-357/2022]
Learned counsel for the appellant would argue that even though a clear case of violation of norms in the matter of grant of retail outlet of petroleum products was made out before the learned Single Judge, however, the learned Single Judge dismissed the writ petition only on the ground of delay, whereas the appellant had been agitating the issue by filing the objections. It is next submitted that the locus standi of the appellant could not be disputed because objections were invited before grant of retail outlet of petroleum products and the appellant had submitted the objections. It is further submitted that so far as the issue as to whether location of retail outlet is abutting abandoned part of national highway is concerned, that required due consideration because this has taken place later on and not at the time when the retail outlet was proposed to be allotted and actually allotted in favour of the private respondent.
On the other hand, learned counsel for the respondent, who entered appearance, would submit that the appellant is operating petrol pump at a distance of one kilometer and therefore, he is creating obstruction by raising frivolous objections. It is submitted that the advertisement was issued in the year 2018, objections were invited and finally allotment was made in favour of respondent No.8 in 2019. It was long thereafter that writ petition was filed in the year 2021 when petrol pump was developed by investing huge money. As the appellant’s rights are not in any manner jeopardized and he is not aggrieved, he has no locus standi. Lastly, it is submitted that in view of factual status report placed before the learned Single Judge that the location of the petrol pump is not on any highway but an abandoned area,
(3 of 3)
[SAW-357/2022]
which was earmarked for highway, the objections have no legs to stand.
We find that the learned Single Judge has dismissed the writ petition taking into consideration that the writ petition was filed in the year 2021 as against the advertisement issued in the year 2018 pursuant to which the allotment was made in favour of private respondent in the year 2019 itself. Moreover, as per the status report, the land is not abutting in any national highway but it is only earmarked but abandoned, has also been taken into consideration. Though the appellant had submitted his objections pursuant to advertisement, thereafter he did not pursue the matter by filing any petition and the process of allotment was allowed to complete. The private respondent has made huge money investment, as stated by him, and as the petrol pump of the appellant is situated at a distance of more than one kilometer from the disputed location, we do not find that the installation of the retail outlet of the private respondent in any manner affects the appellant.
Therefore, no case is made out for interference with the impugned order.
The appeal is dismissed accordingly.
(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ
11-a.asopa/-
2 issues framed by the court
Whether the Special Leave Petition should be allowed given the delay in filing the writ petition.
Whether the appellant has locus standi to object to the allotment of a retail petrol outlet.
1 provisions across 1 enactments
Prakash Prajapat
State Of Rajasthan
The Executive Engineer, Department Of Public Works, National Highway, Nagaur
The Executive Engineer, Department Of Public Works, Didwana, Nagaur
Indian Oil Corporation Ltd.
Sapna Dadhich
Mr. Farjand Ali
Mr. Manindra Mohan Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
