JETHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on second stay petition preferred on behalf of the petitioner but with the consent of the learned counsel for the parties, the matter is heard finally at this stage.

(2.) By this writ petition, an authorized dealer of Bharat Petroleum Corporation Limited (BPCL) for MS/HSD Retail Outlet, located at Bhadrajun-Nayad/Bhadrajun-Ahore road, near Nosra Choraha, District Jalore, has challenged impugned No Objection Certificate dated 19th of August 2013 issued by the District Collector, Jalore for setting up of MS/HSD outlet of fourth respondent Indian Oil Corporation Limited (for short, 'IOCL') at village Dudiya, Tehsil Ahore, District Jalore and sought a direction against the respondents to regulate and follow the Notification dated 25th of September 2003 issued by the Ministry of Road Transport and Highways with guidelines provided therein.

(3.) The petitioner, in the writ petition has precisely placed heavy reliance on the Notification Anenx.4 issued by the Ministry of Road Transport and Highways, Government of India to assail the impugned NOC issued in favour of fourth respondent. In the writ petition, it is specifically pleaded by the petitioner that the competent authority while issuing NOC has not adhered to clause 5, 6.3 and 6.9 of the Notification dated 25th of September 2003, and therefore, the impugned NOC deserves to be annulled. In this connection, the petitioner has also placed heavy reliance in the pleadings on entries in the checklist (Annex.II) with specific emphasis on stipulated norms for fuel outlets. While referring to Clause 4, the petitioner has stated in the writ petition that the proposed MS/HSD outlet is located at 250 meters from Toll Plaza and therefore it is in clear violation of the guidelines incorporated in Annex.4. According to the petitioner, the recitals contained in Clause 4 makes it crystal clear that proposed outlet is at a distance of 250 meters from Toll Plaza. The petitioner has also placed on record with the second stay petition guidelines issued by the Department of Food, Civil Supplies and Consumer Affairs, Government of Rajasthan dated 3rd of October 2006 and submitted that Clause 1 & 2 of the said guidelines have not been followed while issuing the impugned NOC.