Indian Oil Corporation Limited Vs. Meena Kumari and others
EmailAppeal: Civil Appeal No. 7215 of 2000
[From the final Judgment and Order dated 14.09.2000 of the High Court of Judicature at Allahabad in Civil Misc. Petition No. 40236 of 1999]
[From the final Judgment and Order dated 14.09.2000 of the High Court of Judicature at Allahabad in Civil Misc. Petition No. 40236 of 1999]
Petitioner: Indian Oil Corporation Limited
Respondent: Meena Kumari and others
Apeal: Civil Appeal No. 7215 of 2000
[From the final Judgment and Order dated 14.09.2000 of the High Court of Judicature at Allahabad in Civil Misc. Petition No. 40236 of 1999]
[From the final Judgment and Order dated 14.09.2000 of the High Court of Judicature at Allahabad in Civil Misc. Petition No. 40236 of 1999]
Judges: S.B. Sinha & Markandey Katju, JJ.
Date of Judgment: May 01, 2007
Appearances:
Appearances :
Mr. H.K. Puri, Advocate for the Appellant
Mr. H.K. Puri, Advocate for the Appellant
Mr. Dinesh Dwivedi, Senior Advocate (for M/s. K.L. Mehta & Co.) for the Respondents
Head Note:
CONSTITUTION
Constitution of India, 1950
Articles 226, 136 Dealership in petrol Grant of Policy of 1977 Dealership to be granted to a candidate belonging to district in which dealership advertised High Court directing grant of licence to a war-widow, who was of same district Other claimant was of other district. Held that the claimant of concerned district had the preference. Appeal by Indian Oil Corporation dismissed.
Constitution of India, 1950
Articles 226, 136 Dealership in petrol Grant of Policy of 1977 Dealership to be granted to a candidate belonging to district in which dealership advertised High Court directing grant of licence to a war-widow, who was of same district Other claimant was of other district. Held that the claimant of concerned district had the preference. Appeal by Indian Oil Corporation dismissed.
Held:
The writ petitioner is a resident of village Jheenjhak, district Kanpur Dehat and is a war widow whose husband was an army personnel who died during the 1971 war. On the other hand, respondent No. 2 in this appeal, Smt. Asha Devi, who is also a war widow of an ex army personnel, is a resident of district Farrukhabad. (Para 4) In these circumstances, we are of the opinion that the High Court was right in directing that respondent No. 1 Smt. Meena Kumari should have been given preference and granted the licence for the petrol pump. Since she is a resident of Kanpur Dehat for which locality the dealership was being granted, she had preference. (Para 6)
JUDGEMENT:
MARKANDEY KATJU, J.
1. This appeal has been filed against the impugned judgment and order dated 14.9.2000 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40236 of 1999.
2. Heard learned counsel for the parties and perused the record.
3. Respondent No. 1, Smt. Meena Kumari, filed the impugned writ petition in the High Court praying for a writ of mandamus directing the appellant, Indian Oil Corporation Limited, to grant her a licence for retail outlet/petrol pump in village Jheenjhak, district Kanpur Dehat, in pursuance of the Notification dated 30.12.1977.
4. The writ petitioner is a resident of village Jheenjhak, district Kanpur Dehat and is a war widow whose husband was an army personnel who died during the 1971 war. On the other hand, respondent No. 2 in this appeal, Smt. Asha Devi, who is also a war widow of an ex army personnel, is a resident of district Farrukhabad.
5. One of the terms mentioned in the policy guidelines for selection of dealers/distributors of 1977 was that preference would be given to the candidate belonging to the district in which the proposed dealership/distributorship is advertised.
6. In these circumstances, we are of the opinion that the High Court was right in directing that respondent No. 1 Smt. Meena Kumari should have been given preference and granted the licence for the petrol pump. Since she is a resident of Kanpur Dehat for which locality the dealership was being granted, she had preference.
7. For the reasons given above, we find no merit in this appeal. The appeal is dismissed accordingly. No costs.
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1. This appeal has been filed against the impugned judgment and order dated 14.9.2000 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40236 of 1999.
2. Heard learned counsel for the parties and perused the record.
3. Respondent No. 1, Smt. Meena Kumari, filed the impugned writ petition in the High Court praying for a writ of mandamus directing the appellant, Indian Oil Corporation Limited, to grant her a licence for retail outlet/petrol pump in village Jheenjhak, district Kanpur Dehat, in pursuance of the Notification dated 30.12.1977.
4. The writ petitioner is a resident of village Jheenjhak, district Kanpur Dehat and is a war widow whose husband was an army personnel who died during the 1971 war. On the other hand, respondent No. 2 in this appeal, Smt. Asha Devi, who is also a war widow of an ex army personnel, is a resident of district Farrukhabad.
5. One of the terms mentioned in the policy guidelines for selection of dealers/distributors of 1977 was that preference would be given to the candidate belonging to the district in which the proposed dealership/distributorship is advertised.
6. In these circumstances, we are of the opinion that the High Court was right in directing that respondent No. 1 Smt. Meena Kumari should have been given preference and granted the licence for the petrol pump. Since she is a resident of Kanpur Dehat for which locality the dealership was being granted, she had preference.
7. For the reasons given above, we find no merit in this appeal. The appeal is dismissed accordingly. No costs.
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