Lakhmi Chand v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

 

CWP-4992-2024 Date of Decision:04.03.2024 LAKHMI CHAND ....Petitioner vs.

UNION OF INDIA AND OTHERS ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Mazlish Khan, Advocate Mr. Mohd.Tarif, Advocate and Mr. Vikrant Koundal, Advocate for the petitioner Mr. Shubham Thakur, Central Govt. Counsel for the Union of India Mr. Ashish Kapoor, Advocate for respondents No. 2 and 3 Mr. Raman Sharma, Addl. A.G.Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to respondent to complete formalities of setting up of petrol pump on the advertised site. 2.

The petitioner pursuant to an advertisement applied for Retail Outlet Dealership. He was selected in the draw of lots and thereafter Letter of Intent was issued in his favour. The Indian Oil Corporation Limited (in short "Respondent-Corporation") applied for No Objection Certificate in PARAMJIT KAUR SAINI 2024.03.04 06:28 I attest to the accuracy and integrity of this document

CWP-4992-2024 -2- 2024:PHHC:030101 terms of Rule 144 of the Petroleum Rules and jurisdictional Deputy Commissioner issued No Objection Certificated dated 24.06.2022. 3.

Mr. Mazlish Khan, Advocate submits that despite No Objection Certificate issued by Deputy Commissioner, the respondents are not setting up petrol pump at the advertised site.

4.

Notice of motion.

5.

Mr. Shubham Thakur, Central Govt. Counsel for the Union of India and Mr. Ashish Kapoor, Advocate for Respondent-Corporation, who on advance notice are present in Court, accept notice and waive service. 6.

Mr. Ashish Kapoor submits that there was ambiguity in the advertisement, thus, question of setting up a petrol pump has been kept in abeyance and matter is under active consideration of the authorities. The petitioner has filed representation. A speaking order would be passed after granting him opportunity of personal hearing. 7.

Mr. Mazlish Khan, Advocate agrees with the aforesaid arrangement.

8.

In view of statement of both sides, the petition stands disposed of. The needful shall be done within four weeks from today. (JAGMOHAN BANSAL) JUDGE 04.03.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.03.04 06:28 I attest to the accuracy and integrity of this document