Kishore Kumar Saharia v. Indian Oil Corp. Ltd. And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 448 of 2013 Kishore Kumar Saharia S/o B.L.Saharia Aged About 43 Years R/o New Mangal Bazar, Gudhiyari, Ps Gudhiyari, Raipur, Distt Raipur, Chhattisgarh ---- Petitioner

Versus

1. Indian Oil Corp. Ltd. through General Manager, 2nd Floor World Trade Center, Babar Road, New Delhi 110001, Chhattisgarh

2. Deputy General Manager Retail Sales Indian Oil Corporation Ltd, Indian Oil Bhawan, 16 Arera Hills, Jail Road, Bhopal, 462001, District : Bhopal, Madhya Pradesh

3. Senior Divisional Retail Sales Manager Indian Oil Corporation Ltd, Raipur Divisional Office, Indian Oil Bhawan, Rajiv Gandhi Marg V.I.P. Road, Po Ravigram, Telibandha, Raipur, Distt Raipur, Chhattisgarh

4. Sangeeta Khandelwal C/o M/s Sangeeta Fules, R/o 55/1, 149, Jawajhar Nagar, Behind Kirodimal Dharmshala, Raipur, Distt Raipur, Chhattisgarh --- Respondents ------------------------------------------------------------------------------------------------------------------ For the petitioner :

Mr. Mateen Siddiqui, Advocate.

For Respondent No. 1 to 3 :

Mr. Anand Shukla, Advocate For Respondent No. 4 :

Mr. Ramakant Mishra, Dy.G.A.

------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.05.2019 1.

The present petition is filed to quash the order dated 05.03.2013 of the respondents Indian Oil Corporation, whereby the petitioner was disqualified to be appointed as petroleum outlet dealer. 2.

The additional return of the respondent Corporation would show that after the petitioner was selected in merit list at Serial No.1 certain complaints were made which were investigated and when it was found

that the area falls out of the proposed advertisement it was cancelled and respondent No.4 was selected. Subsequently on a complaint made by the petitioner, again investigation was carried out and it was found that initial advertisement of the place for which the dealer was to be appointed has not been properly advertised, therefore, the entire process of allotment of petroleum pump was cancelled and neither it has been given to the petitioner nor to respondent no.4. since the respondent Indian Oil Corporation has decided not to appoint any agent and the entire course of appointment was cancelled in the year 2013, no relief can be granted to the petitioner as the entire petition has become infructuous due to subsequent development which took place.

3.

Accordingly the petition is dismissed.

Sd/- GOUTAM BHADURI JUDGE Rao