Allahabad High Court: Can a new pump be installed near an already installed pump?

The Allahabad High Court held that an operator of already installed petrol pump does not have the right to oppose the new ump getting installed near it. The petition is merely filed for commercial purposes. For the monopoly control over the business, the petition has been raised by Rinki Gupta of Kushinagar. The bench of Justice SP Kesharwani and Justice YK Srivastava dismissed the petition.

The contention of the petitioner is that the Bharat petroleum pump opened in his vicinity was inappropriate. The respondent contention was that the petitioner wants his business only to run in the area and does not want anyone else to start a business near him.

The court cited the case of Civil Rice and Floor Mill v. NT Gowda and Jas Bhai Moti Bhai Desai v. Roshan Kumar and held that the petitioner does not have right to stop any other business and the respondent has the right to start business in that area. Therefore the court dismissed the petition.

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