OM SARAN Vs. SUB DIVISIONAL MAGISTRATE CHANDAUSI MORADABAD

JUDGEMENT

(1.) Petitioner, who is holding a licence of petty diesel dealer in village Majhole District Moradabad, has filed this writ petition challenging the advertisement for grant of another licence published in a newspaper dt. 17-9-1994 for the same village. His grievances that the demand of diesel is not such so as to require grant of additional licence for the sale of diesel, and if such a licence is granted it will cripple his business. In this connection the petitioner has invited attention of the Court to a letter of the Government of U.P. dt. 16-12-1987, laying down guide-lines for grant of petty dealers licence. One of the guide-lines laid down by the Government is that where demand is about 20-25 Killo litres per month only one petty dealer licence should be granted.

(2.) No law confers a right on the petitioner to raise objection against grant of petty dealer licence. Unless such right is conferred on a person by any law he cannot challenge the grant of licence to any other person. In J. M. Desai v. Roshan Kumar (AIR 1976 SC 578), relevant extract from which is reproduced below, the Supreme Court held that proprietor of a cinema theatre cannot challenge under Art. 226 of the Constitution of India the 'No objection certificate' granted by the District Magistrate in favour of a rival in the trade :

(3.) The letter, referred to above, is from the Government to all the District Magistrates of this State, whereby guidelines for granting licence of petty diesel dealer, have been laid down. The petitioner cannot enforce those guidelines. It is a matter between the Government and its District Magistrates. This letter does not confer any right on the petitioner so as to challenge the grant of new licence to other person.