AIR 2008 (NOC) 1800 (KAR.) ::2008 (2) AIR Kar R 402

Karnataka High Court

Hon'ble Judge(s): Anand Byrareddy , J

(A) Constitution of India Art. 226 — Establishment of petrol bunk — Writ petition against — Petitioner had retail outlet in same area — Bar is in respect of fuel filling stations situated adjacent to each other and not to stations which are on opposite sides of road — There is no minimum distance between such stations on opposite sides of road, prescribed — Proposed fuel station of respondent and existing fuel station of petitioner were on either side of a high way — Prohibition of distance between two adjoining stations would not apply — Plea by petitioner that there was non-application of mind by authority in issuing ‘NOC’ to respondent — Is untenable (Para 11,14,16)