DALPAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who is a social worker has preferred this writ petition challenging the action of the respondents that interest of public at large is involved. THE writ present petition was earlier registered as DB Civil Writ Petition as a public interest litigation and placed before the Division Bench and the Division Bench vide order dated 4. 3. 05 having heard the learned counsel for the petitioner observed that prima facie no public interest element is involved in the matter to entertain the petition and further observed that the petitioner in person is suffering from the action of the respondent therefore, the matter was ordered to be listed before the single Bench.

(2.) SINCE the matter is referred by the Division Bench observing that the petitioner is personally aggrieved by the action of the respondents and policy framed by the State/national Highways Authority and Union of India has not properly been followed, as also the policy and guidelines for allotment of retail outlet are generally flouted therefore this court has no option other than to hear the matter on merit.

(3.) PER contra, learned counsel appearing for the Indian Oil Company, Municipal Corporation and State have raised preliminary objections regarding maintainability of this petition and have submitted that the present petition was initially filed before the Division Bench in the form of public interest litigation but was not entertained by the Division Bench on the count that no public interest is involved in the matter and on the request made on behalf of the petitioner the present petition is treated as SB Civil Writ Petition in the form of personal interest litigation but the petitioner has miserably failed to show his locus standi in the matter so much as he is seeking relief for quashing and setting aside the letter of intent Annexure-2 issued in favour of the respondent No. 6 Shri Pawan Kumar Agarwal.