1 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.54 OF 2008 Mr. Basavraj Mallesha Bagale & Anr. )..PETITIONERS Versus The State of Maharashtra & Ors. )..RESPONDENTS Mr. R.V. Bansode, for the Petitioners Mr. A.H. Palekar, A-Panel Counsel for respondent Nos. 2 to 4 and 6 and 7. Mr. A.A. Kumbhakoni with Mr. T.D. Deshmukh, for respondent No.8. Mr. S.R. Page, for Respondent No.5. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATE : 5TH MARCH, 2010 P.C. Petitioners have approached this Court to challenge the setting up of fuel station by respondent No.8 to whom allotment was done by respondent No.5-Bharat Petroleum Corporation. In our order dated 17th February, 2010 we had noted that the argument advanced on behalf of the petitioners was that the respondent No.8 does not have the necessary permission and the petrol pump was being operation. On behalf of the respondent No.8 our attention is invited to the fact that they had all the 2 necessary licence except the access road. In the reply filed by Shri R.S. More, Sub- Divisional Engineer, National Highway Sub-Division No.21, Solapur a copy of the order passed by the Presiding Officer, National Highway Tribunal, Mumbai dated 27th November, 2009 is annexed wherein the learned Presiding Officer in Appeal has held that the respondent No.8 should not be obstructed from using the access to the fuel station from N.H.13 till the final decision is taken by the Ministry for permission. The finding recorded is that the respondent No.8 is entitled to use the said access. The only ground, therefore, the permission was not given, in our opinion, no longer subsists. 2. In our opinion, considering that the respondent No.8 has all the necessary permissions and only a formal order is required this would not be a fit case where this Court should exercise its extra ordinary jurisdiction including by way of a Public Interest Litigation. Hence petition dismissed. ( J.H. BHATIA, J.) (F. I. REBELLO, J.)