S.Chalapathi Rao v. Indian Oil Corporation Ltd.,

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.11193 of 2011 ORDER:

Heard learned counsel for the petitioner and the standing counsel.

The grievance of petitioner is that his case for revival of terminated and inoperative retail outlet dealership is required to be considered in terms of Policy circulation No.178-11/2010 dated 12.11.2010.

The case of petitioner is that he was unsuccessful to continue the outlet at premises bearing No.18/18 Kodad Road, Huzurnagar Village and Mandal, Nalgonda District as the landlord was not willing to extend the lease period as required by the Corporation and the earlier Dealership Agreement was terminated.

This Court while disposing of its limited grievance is not referring to the previous efforts of petitioner and the resulting litigation between the parties. Suffice to note that the policy dated 12.11.2010 is issued providing for consideration of revival of terminated and inoperative R.O dealerships and the petitioner wants consideration of his case in terms of the said guidelines.

Learned standing counsel submits that the writ petition is without cause of action, for had it been a case where the petitioner has made a representation or application to the respondents for consideration of his case under guidelines dated 12.11.2010 and the respondents in fact, did not move in the matter, the jurisdiction of this Court can be invoked. Learned counsel further submits that if an application is made by the petitioner for consideration of his case in terms of guidelines dated 12.11.2010, the respondents will consider the same and pass appropriate orders.

The submission of the learned standing counsel is placed on record.

The petitioner is given five weeks time from today to represent to the 5th respondent for consideration of his case in terms of

guidelines dated 12.11.2010 and the 5th respondent on receipt of such representation, considers in terms of the applicable policy and communicate an order within a further period of six weeks. With the above direction, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________ S.V. BHATT, J Date: 22.01.2015 KLP