RINKI GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for the State - respondents, Sri Vikas Budhwar, learned counsel for the respondent no.2 and Sri C.B. Yadav, learned Senior Advocate, assisted by Sri Vivekanand Yadav, learned counsel for the respondent no.5.

(2.) The petitioner is running a retail outlet of Indian Oil Corporation in Village - Bodarwar, Tehsil - Hata, District - Kushinagar. The petitioner is challenging the opening of another retail outlet at a nearby place by Bharat Petroleum Corporation Ltd. which is to be run by allottee i.e. the respondent no.5.

(3.) Learned counsel for the respondent nos.2 and 5 have raised a preliminary objection as to the maintainability of the writ petition on the ground that the petitioner has no locus standi and being a rival, the writ petition is not maintainable at his behest. In support of their submissions they relied upon a Division Bench Judgment of this Court in D.C.M. Shri Ram Industries Ltd. and another vs. State of U.P. and others,2007 4 ADJ 150 (para 26) and judgment dated 13.5.2011 in Civil Misc. Writ Petition No.54670 of 2009 (M/s. Luheta Urja Kendra and another Vs. Union of India and others.