Kuldeep v. Indina Oil Corpn. & ORS.

CWP No. 28609 of 2013 CWP No. 21381 of 2013 CWP No. 12824 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 10.08.2017

(1) CWP No. 28609 of 2013 Kuldeep ....Petitioner V/s Indian Oil Corporation Ltd. & ors.

....Respondents

(2) CWP No. 21381 of 2013 Jitender Kumar ....Petitioner V/s Indian Oil Corporation Ltd. & ors.

....Respondents

(3) CWP No. 12824 of 2013 Archana Kumari ....Petitioner V/s Indian Oil Corporation Ltd. & anr.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Tapan Kumar Yadav, Advocate for the petitioner in CWP No. 28609 of 2013.

Mr. Rakesh Dhiman, Advocate for the petitioner in CWP No. 21381 of 2013.

None for the petitioner in CWP No. 12824 of 2013 Mr. Ashish Kumar Yadav, Advocate for respondents no. 1 to 4. (in CWP Nos. 28609 & 21381 of 2013 & respondent no. 1 in CWP No. 12824 of 2013) Mr. M.S. Rana, Advocate for respondent no. 5 (in CWP Nos. 28609 & 21381 of 2013) RAJAN GUPTA J.

This order will dispose of aforesaid three writ petitions. Petitioner has posed challenged to the revised panel list dated Ajay Kumar 2017.08.12 13:35 I attest to the accuracy and authenticity of this document

CWP No. 28609 of 2013 CWP No. 21381 of 2013 CWP No. 12824 of 2013 04.06.2013, Annexure P-3 whereby retail outlet under Kissan Sewa Kendra scheme was allotted to respondent no. 5. It has been urged before the court that new criteria was adopted by the Corporation under sub heads (i) fixed and movable assets (ii) capability to arrange finance. According to them, petitioners(s) gave necessary information under these sub heads but that was not considered by the Corporation. No opportunity of hearing was afforded to them. Mr. Kapoor learned counsel representing the Corporation submits that in view of status quo order passed by this court, the outlet has not yet been commissioned. The Corporation has decided to give an opportunity of hearing to the petitioner(s) and pass a fresh order. In view of above, order dated 04.06.2013, Annexure P-3 allotting the petrol pump to respondent no. 5 namely Rekha Yadav is hereby set-aside. The Corporation would be at liberty to take a fresh decision after affording an opportunity of hearing to the petitioner(s). Disposed of.

August 10, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.08.12 13:35 I attest to the accuracy and authenticity of this document