Disposed¶25

M/S Hari Service Station v. Union of India

Rajasthan HC22 Jan 2026SAW/40/2026

Case brief

AI extract

What is this about?

Special appeal (writ) by petrol pump writ petitioner disposed of on 22/01/2026; grievance against interim order of 07.01.2026 declining interim relief after IOCL licence suspension and stoppage of supplies following NHAI letter dated 10.11.2025 de-energising site for highway construction; point of selling material lying in petrol tanks remitted to learned Single Judge by way of fresh application; no substantive relief granted; Rajasthan High Court, Jaipur Bench, Division Bench (SAW-40/2026; underlying SB Civil Writ Petition 18195/2025).

What did the court decide?

No substantive relief; appellant left free to move an appropriate application before the learned Single Judge for orders on the material lying in the petrol tanks. ¶25

M/S Hari Service Station Vs Union of India — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; appellant left free to move an appropriate application before the learned Single Judge for orders on the material lying in the petrol tanks.

¶25

Issue for consideration

Whether orders can be obtained for utilisation/disposal of the material lying in the petrol tanks of the appellant's retail outlet, which can only be utilised by way of selling, in light of the suspension of the licence and the stoppage of supplies.

¶23

Court's answer

An appropriate application regarding the material lying in the petrol tanks may be moved before the learned Single Judge, who may pass appropriate orders after considering the contentions of the respective parties; with this observation the appeal is disposed of.

¶24

Key takeaways

The issue of the material lying in the petrol tanks was not before the learned Single Judge on the date of the interim order, and the Division Bench therefore did not adjudicate that point itself.obiter¶23

Detailed headnote1 paragraphs

D.B. Special Appeal (Writ) No. 40/2026 arising out of S.B. Civil Writ Petition No.18195/2025, High Court of Judicature for Rajasthan, Jaipur Bench (Hon'ble Acting Chief Justice Sanjeev Prakash Sharma and Hon'ble Mrs. Justice Sangeeta Sharma), decided 22/01/2026. The writ petitioner-petrol pump (M/s Hari Service Station) appealed against the learned Single Judge's interim order dated 07.01.2026, which recorded that no interim order was required in view of IOCL having suspended the petitioner's licence, supplies to the retail outlet having been stopped pursuant to an NHAI letter dated 10.11.2025 de-energising the petrol pump area for construction of the road. Learned counsel contended that material lying in the petrol tanks could only be utilised by selling it, but pointed out that this issue was not before the learned Single Judge on the said date. The Division Bench observed that an appropriate application may be moved before the learned Single Judge, who may pass appropriate orders after considering the contentions of the respective parties, and with that observation disposed of the appeal.

¶1

[2026:RJ-JP:3099-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Special Appeal (Writ) No. 40/2026

¶4

¶5

S.B. Civil Writ Petition No.18195/2025

¶6

M/s Hari Service Station, (Indian Oil Petrol Pump) At Udaipuriya Mod Post Hadota Via Chomu Distt. Jaipur Through Its Proprietor Harishankar Agarwal S/o Late Shri Mali Ram Agarwal Aged About 69 Years R/o N.c. Block, 1/1, Sector 01, Vidhyadhar Nagar Jaipur- 302023.

¶7

----Appellant

¶8

Versus

¶9

Union Of India, Ministry Of Road Transport And Highways (S&R Zone), No. 1 Parliament Street, Transport Bhavan, New Delhi- 110001 Through Its Secretary.

¶10

Principal Secretary Department of Road Transport, State of Rajasthan Secretariat Jaipur.

¶11

Project Director National Highway Authority Of India, D- 148, Behind RSEB Sub-Station, Girnar Colony, Nityanand Nagar, Vaishali Nagar Jaipur - 302021.

¶12

Authorised Officer Land Acquisition, National Highway No. 11 (52)( Jaipur- Ringus Division) Distt. Jaipur Region, (Additional Distt. Collector- 3^rd ) Collectorate Jaipur.

¶13

Indian Oil Corporation Ltd., Registered Office/ G-9, All Yavar Jung Marg Bandra East Mumbai- 400051 (India), Marketing Division - Jaipur Divisional Office, 1St Floor, Lic Investment Building, Phase 2Nd Near Ambedkar Circle, Bhawani Singh Road, Jaipur- 302005 Through Its Divisional Retail Sales Head, Jaipur Divisional Office.

¶14

----Respondents

¶15

For Appellant(s) : Mr. Abhinav Sharma For Respondent(s) : Mr. Vikram Singh Mr. Sandeep Pathak with Mr. Arnav Singh

¶16

HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SANGEETA SHARMA

[2026:RJ-JP:3099-DB]

[SAW-40/2026]

(2 of 2)

Judgment

22/01/2026

This is an appeal preferred by the writ petitioner aggrieved of the interim order dated 07.01.2026 whereby, the learned Single Judge has observed that no interim order is required to be passed in view of IOCL having suspended the licence of the petitioner. The supplies to the retail outlet in pursuance of the letter issued by NHAI dated 10.11.2025 whereby, the area of the petrol pump has been de-energized for the purpose of construction of the road has been stopped.

¶23

Learned counsel for the appellant submits that there is material lying in the petrol tanks which can only be utilized by way of selling the same. However, the said issue was not before the learned Single Judge on the said date.

¶24

An appropriate application may be moved before the learned Single Judge who may pass appropriate orders in this regard after considering the contentions of the respective parties therein.

¶25

With the said observation, the appeal is disposed of.

¶26

(SANGEETA SHARMA),J

¶27

(SANJEEV PRAKASH SHARMA),ACTING CJ

¶28

Simple Kumawat /151

M/S Hari Service Station v. Union of India

Case brief

What is this about?

What did the court decide?

M/S Hari Service Station v. Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ashutosh Choudhary HUF Vs Deputy Commissioner of Income Tax

Jkd Pearl Developers LLP Vs Deputy Commissioner of Income Tax

Green Resorts Vs Deputy Commissioner of Income Tax

Nandbhanwar Singh Rathore Son of Shri Ishwar Singh Rathore Vs Assistant Commissioner of Income Tax

Seema Bai Gurjar D/O Mohar Singh Gurjar W/O Sanjay Kumar Gurjar Vs the State of Rajasthan

State of Rajasthan Vs Pryagwati W/O Shri Babu Lal