UTPAL BARUAH Vs. PALLOB MAHANTA

JUDGEMENT

(1.) The present Interlocutory Application has been filed for modification / vacation of an interim order dated 12.04.2019 passed by this Court in WP(C) 2577/2019. By the aforesaid order, while issuing notice, this Court had directed that till the next date, the respondent nos.1, 2 and 5 would not make further construction of the petrol pump, which was said to be in the immediate vicinity of the petrol pump of the writ petitioner. The said interim order was continued and is in operation as on date.

(2.) For appreciation of the rival contentions, a brief narration of the facts would be necessary.

(3.) The writ petitioner is the owner of a retail outlet of petroleum products under the Essar Oil Limited at Joypur, Naharkatia in the District of Dibrugarh. He is aggrieved by the allotment of another petroleum outlet allotted to the respondent no. 5 by the Bharat Petroleum Company Limited (hereinafter BPCL) pursuant to an advertisement dated 25.11.2018. It is the case of the writ petitioner that in violation of the guidelines of Indian Roads Congress (hereinafter IRC), the allotment was done. The said violation is with regard to the minimum distance which is required to be maintained. While the minimum distance prescribed is 300 meters, the site of the respondent no. 5 is less than 100 meters. It has also been stated that it was only at the time of earth filling and development of the site that the writ petitioner had come to know about the said allotment and thereafter put the instant challenge by filing the present writ petition in which this Court had passed the aforesaid interim order dated 12.04.2019.