Balwant Singh v. Chairman , Indian Oil Corporation Ltd And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Decided on: January 17, 2017.

Balwant Singh .. Petitioner(s)

VERSUS

Chairman, Indian Oil Corporation Ltd. And another .. Respondent(s) * * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Sanjay Vashisth, Advocate, for the petitioner.

M.M.S. BEDI, J. (ORAL) CM-364-CWP-2017 is allowed.

Annexure P-20 is permitted to be taken on record. Through the present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks issuance of an appropriate direction for quashing of Letter of Intent dated 17.2.2014, Annexure P-8, No objection Certificate dated 12.7.2016 Annexure P-19, issued in favour of respondent no.6 for allotment of Retail Outlet Dealership at location Sr. No.32, NH-71, Bye Pass Road at Village Lisana, District Rewari.

The petitioner claims himself to be an aggrieved person entitled to file a complaint against selection of dealer under Rule 18 of the

policy of the Indian Oil Corporation laid for Selection of Petrol/Diesel Retail Outlet Dealers, Annexure P17, dated 1.3.2012. The main grievance of the petitioner is that adequate notice had not been given in order to prevent pouring in more applications; the publication in the newspaper Dainik Bhaskar, Annexure P-1, being vague regarding the specifications and location of the outlet; mala fide intention of respondent no.4 to grant benefit; ineligibility of the allottee respondent no.6, on account of having obtained only 0.00 marks regarding the availability of the site; and arbitrary grant of outlet to him, the petitioner was prevented to apply on account of inadequate publicity.

Without expression of any opinion on merits or regarding the maintainability of the writ petition, I am of the opinion that the interests of justice would be adequately met in case the grievance of the petitioner is looked into by Indian Oil Corporation Ltd. Customer Service Cell, which is nearest retail outlet of Indian Oil Corporation as per the policy. At this stage, counsel for the petitioner submits that he would be satisfied in case his claim as submitted in Annexures P-14, P-15 and P-16, is looked into by the appropriate authority of the Indian Oil Corporation Ltd.

This petition is disposed of with a direction that the representations Annexures P-14, P-15 and P16, will be considered by the competent authority under the Indian Oil Corporation Ltd. within a period of two months after the receipt of a certified copy of this order. It will be the responsibility of the petitioner to intimate

the order passed by this Court to the competent authority of the Indian Oil Corporation Ltd. while claiming adjudication of Annexures P-14, P-15 and P-16. It is expected that the grievance and the locus standi of the petitioner would be considered by passing a speaking order taking into consideration the pleas taken by him.

(M.M.S. BEDI) JUDGE January 17, 2017.

rka Whether speaking / reasoned Yes / No Whether reportable:

Yes / No