LAWS(KAR)-2014-8-104

J.O. CHANNAKESHAVA Vs. DEPUTY COMMISSIONER

Decided On August 27, 2014
J.O. Channakeshava Appellant
V/S
The Deputy Commissioner Respondents

JUDGEMENT

(1.) The petitioner, an agent of M/s. Essar Oil Limited, running a retail outlet, at Parashurampura Village, Challakere Taluk, assails the validity of a "No Objection Certificate", issued vide Annexure-A, by respondent No.1, for establishing another 20 KL HSD and 15 KL Petrol Bunk, at Parashurampura Village, Challakere Taluk, Chitradurga District.

(2.) The Executive Director, M/s. Essar Oil Limited, Chennai, having made an application for issue of 'No Objection Certificate', for establishing a new retail outlet at Sy.No.189/2, Parashurampura Village, Challakere Taluk, to store 20 KL MS and 40 KL HSD and the first respondent having issued 'No Objection Certificate', on 20.10.2004, the petitioner is running the said outlet. The 2nd respondent having made an application, the first respondent issued 'No Objection Certificate', vide Annexure-A, to establish 20 KL HSD and 15 KL Petrol Bunk, at Sy.No.294/1B, Parashurampura Village, Challakere Taluk.

(3.) The grievance of the petitioner is that the first respondent has acted against the guidelines issued by the Government of India, Ministry of Road Transport and Highways, in the matter of issuance of 'No Objection Certificate', in favour of respondent Nos.2 and 3, as the distance between the existing petrol bunk run by him and the proposed petrol bunk is 158 meters only.