TUSAR FILLING STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner; Sri Yogendra Kumar, learned counsel for the Union of India, learned Standing Counsel for the respondent no. 4 and Sri Yash Padia holding brief of Sri Anand Tiwari, learned counsel for the respondent no. 5.

(2.) The petitioner having a retail outlet dealership of M/S Tushar Filling Station, awarded by the Indian Oil Corporation Limited, has filed the present writ petition principally seeking to raise a grievance with regard to issuance of No Objection Certificate dtd. 27/10/2020 by respondent no. 4 in respect of establishing retail outlet/petrol pump to the respondent no. 6 in contravention to the provisions of "The Uttar Pradesh Guidelines for issuing of NOC for setting up fuel stations along UPPWD Roads, 2019" (Annexure No. 5 to the writ petition).

(3.) At the very outset, Sri Yash Padia, learned counsel for the Corporation raised an objection regarding maintainability of the writ petition on the ground that the petitioner being a rival business man, has no locus standi to maintain the writ petition as he cannot be said to be a person aggrieved, and in this regard reliance is placed on a recent judgment of this Court in M/S Prince Filling Station Vs. Union Government of India And 5 Others (Writ C No. 22409 of 2020, dt. 17/12/2020). For ready reference, the said judgment is reproduced herein below.