Irshad Hameed Khan v. Indian Oil Corporation Ltd And Another

wp5022.19 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5022 OF 2019 Irshad S/o Hameed Khan Age 29 years, Occu.Business R/o House No. 1-12-1022, Pirburhan Nagar, Lane No.20, Nanded ..PETITIONER

VERSUS

1.

Indian Oil Corporation Limited Indian Oil Bhavan G-9, Ali Yavar Jung Marg Bandra(East), Mumbai- 400 051 2.

Indian Oil Corporation Limited Aurangabad Divisional Office, Plot No. 99, Indian Oil Bhavan, Jyoti Nagar, Aurangabad, Through Dy.General Manager ..RESPONDENTS Mr Nikhil S. Tekale , Advocate for petitioner; Mr A. P. Bhandari, Advocate for respondents CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 25th April, 2019 ORAL ORDER:

It is the submission of the learned Counsel appearing on behalf of the petitioner that the land offered by the petitioner for awarding retail outlet dealership of respondent-corporation is though advertised for Wajegaon, (on left hand side of Wajegaon to Amdura State highway), the claim of the petitioner is rejected for erroneous reason. According to him, the land of

wp5022.19 (2) the petitioner is very much located on the said route. 2.

Per contra, Mr Bhandari, learned Counsel appearing on behalf of respondent nos.1 and 2 submits that the 7/12 extract of the land owned by the petitioner speaks of location of the land at Mauja Fattepur and not at Mauja Wajegaon, which is formed to be the basis for rejection of the claim of the petitioner.

3.

The respondent-corporation is the best judge to select the location at which retaii outlet can be established, looking to the convenience of the people, so as to make the petroleum product available. As the respondent - corporation has reached to a conclusion that the land of the petitioner, which is located at Mauja Fattepur as is reflected in the 7/12 extract is not viable, this Court cannot sit in an appeal over the said decision. That being so, we refrain ourselves from exercising our extra-ordinary jurisdiction. The petition as such fails and stands dismissed. (NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) amj