SABITRI SAHU Vs. COLLECTOR AND DISTRICT

JUDGEMENT

(1.) BY means of this Writ Petition the Petitioner has challenged the decision of Opposite Party No. 2, the Bharat Petroleum Corporation Limited (BPCL) for opening of a new retail outlet of petrol and high speed diesel at Odagaon and the appointment of Opposite Party No. 3. as a dealer of BPCL in respect of the outlet at Odagaon.

(2.) THE case of the Petitioner is that upon her application to open a retail outlet of IBP Co.Ltd. at Odagaon, the Collector and District Magistrate, Nayagarh granted no objection certificate in her favour for opening of the said retail outlet. Thereafter, the Petitioner invested huge amount of more than Rs. 30,00,000/ - to develop the land and provide all facilities as directed by M/s. IBP CO. Ltd. where after she was allowed to open the IBP retail Outlet for MS,HSD and Lubricants at Odagaon and running the same in the name of M/s. Radha Krushna Filling Station since 12.12.2005. According to the norms and policy of the Oil Companies, no retail outlet can be opened within ten kilometer radius of the 'E' Class Market like Odagaon. The farther case of the Petitioner is that opening of another outlet at the same place by the Bharat Petroleum Corporation is in contravention of the policy and the same would destroy the viability of the Petitioner's filling station and negate the expected income from the said Filling Station and it would result in unhealthy competition.

(3.) THE main grievance of the Petitioner in this Writ Petition is that opening of a retail outlet by BPCL at Odagaon is in violation of the resolution dated 8.3.2002 of the Ministry of Petroleum and Natural Gas, Government of India which has prohibited opening of retail outlet within 10 KMs. of the existing retail outlet and would adversely affect her business interest and create unhealthy competition.