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Judgment
R. Raghunandan Rao, J
The petitioner, who is operating an Existing Fuel Station in Thummalacheruvu Village of Piduguralla Mandal, Guntur District has filed the present writ petition, challenging the setting up of another petroleum retail outlet, by the 7th respondent, in the same village. It is the case of the petitioner that the proposed fuel station, the 7th respondent is abutting the National Highway 167 A. On this basis, the petitioner submits that the regulations relating to a National Highway do not permit the establishment of petroleum retail outlet, near an existing fuel retail outlet unless there is a service road connecting both the fuel stations and subject to the condition that the distance between the fuel stations is at least one kilometre.
The 8th respondent-Corporation has filed a counter disputing the maintainability of the writ petition as the petitioner is a rival trader, who is seeking to protect his monopoly in the area. The 8th respondent would also submit that the proposed location of the retail outlet is at the corner of a State Highway and a Panchayat Raj road and as such, the question of applying regulations relating to a National Highway would not arise.
As there was a dispute as to whether the retail outlet is abutting the National Highway or a State Highway, the 5th respondent, who is the Superintendent Engineer, R & B, Guntur was called upon to clarify this issue. The 5th respondent had thereafter filed a counter affidavit stating that the retail outlet is abutting a State Highway bearing SH-02.
Sri D.Prudhvi Teja, learned counsel for the petitioner has sought to demonstrate, with the aid of Google maps, that both the National Highway and the State Highway are one and the same as far as the stretch of road passing through Thummalacheruvu Village is concerned. The alignment of National Highway 167 A is that of Pidugurallu-Narasaraopet-Chilakaluripet-Chirala. The alignment of the State Highway mentioned by the 5th respondent is Narketpalli-Addanki-Medarametla. In view of the ending points of these two highways being different, it is not possible for this Court to go into this issue. However, in view of the certification given by the 5th respondent, this Court is of the opinion that the proposed retail outlet would have to be treated as abutting the State Highway and not National Highway 167 A.
In the circumstances, the question of maintainability of the writ petition need not be gone into at this stage.
In view of the finding of this Court that the petitioner has not been able to make out a case that the retail outlet being set up by the 7th respondent is abutting a National Highway, the objections of the petitioner to the establishment of such a retail outlet cannot be accepted.
Accordingly, this writ petition is dismissed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.