Sou. Jelukha Liyakat Mujawar v. Indian Oil Corporation Ltd. Through Chief Manager (Retail Sales)Marketing Division And ORS

Mhi 1 WP-5102-7136-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5102 OF 2015 Sou. Julekha Liyakat Mujawar ...

Petitioner Vs.

Indian Oil Corporation Ltd. & Ors. ...

Respondents WITH WRIT PETITION NO. 7136 OF 2015 Sou. Trishala Babaso Magdum ...

Petitioner vs.

Indian Oil Corporation Ltd. & Ors.

...

Respondents Mr.Kishor Patil, Advocate, for the Petitioner (in W.P. No.5102 of 2015) Mr. Tejpal S.Ingale, Advocate for the Petitioner (in W.P.No.7136/2015). Mr.Sunil Gangan i/b. RMG Law Associates for Respondent No.1.

CORAM:

SHANTANU S.KEMKAR & SMT.SADHANA S.JADHAV, JJ.

DATE : 8th September, 2017.

P.C.

Not on board. Upon production, taken o board. 2.

The learned counsel appearing for the parties submit that while taking the decision in terms of the orders passed by this Court in Writ Petition No. 2832 of 2014 dated 17.11.2014, the writ petitioner of Writ Petition No.5102 of 2015 was not heard.

3.

In this view of the matter, there is non-compliance of the order passed by this Court and therefore the order impugned in W.P. No.5102/2015 cannot be sustained.

Mhi 2 WP-5102-7136-15.sxw 4.

The learned counsel for Respondent No.1, on instructions, submits that both these Petitions can be disposed of by directing the Competent Authority of Respondent No.1 to pass a fresh order after giving due opportunity of hearing to the writ petitioner of Writ Petition No.5102 of 2015 and the writ petitioner of Writ Petition No.7136 of 2015. 5.

In view of the aforesaid, as agreed by the learned counsel for the parties, we set aside the order impugned in W.P. No.5102 of 2015 and direct the parties to appear before the Competent Authority of the Respondent No.1 on 28.09.2017 at 11.00 a.m. Within two weeks from that date, the Respondent No.1 shall hear parties and take appropriate decision in regard to the grievances of both the parties and in regard to the impugned allotment of petrol and diesel dealership.

6.

The decision as aforesaid be taken by the 1st Respondent within one month from the date of hearing of the matter. 7.

Needless to say that the Competent Authority shall not be influenced by setting aside of the order, but shall pass a reasoned order in accordance with law.

8.

With the aforesaid directions, both the Petitions are disposed of.

[SMT. SADHANA S.JADHAV, J.] [SHANTANU S.KEMKAR,J)