THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.885 of 2011 ORDER: The petitioner was granted dealership to sell diesel and petrol by establishing an outlet at Chilmathur Village of Ananthapur District on National Highway No.7 in the year 2008. One of the conditions incorporated in the agreement is that the petitioner shall sell 120 kilo litres of diesel per month. M/s.Hindustan Petroleum Corporation Limited, respondent No.1 herein, issued notification, dated 06.09.2010, inviting applications for establishment of an outlet between Kodikonda Check Post and Lepakshi Road on the National Highway. The petitioner contends that the outlet, which is proposed through the notification, is within 2 k.ms. and if an outlet is established, it would adversely impact upon the sales in the outlet established by it. The petitioner further contends that there is an agreement between oil companies directing that the establishment of petroleum outlet by one company must not result in unhealthy competition on the sales in the outlets established by the other oil companies. With these pleadings, the petitioner wants this Court to interdict the steps taken by the respondents to establish an outlet in accordance with the notification. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is no doubt true that there exists a condition in the agreement that is entered into between the petitioner and M/s. Indian Oil Corporation that it shall meet the target of selling 120 kilo litres of diesel per month. The establishment of an outlet in the vicinity or at short distance would have its own impact on the sales in the outlet established by the petitioner. In fact, that is so with every establishment of a new petroleum outlet. Matters like this depend upon several factors, such as increase in traffic. At any rate, the fact that the petitioner may suffer a little in terms of business cannot constitute the ground to prevent the respondents from establishing the outlets. At the most, this ground can be pleaded in case the petitioner is not able to reach the target fixed under the agreement and the oil company, which has granted it the permission, has to take that into account. In quite large number of matters of similar nature, this Court declined any relief. Hence, the writ petition is dismissed. It is, however, observed that in case the sales of diesel suffer quantitatively on establishment of outlet by the respondents, as proposed through the impugned notification, it shall be open to the petitioner to plead that ground and the company concerned shall take the same into account. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY,J Dt:24.01.2011 kdl