KRISHNA DEVI Vs. INDIAN OIL CORPORATION LTD.
SUPREME COURT OF INDIA
INDIAN OIL CORPORATION LTD.
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(1.) Leave granted.
(2.) Having regard to the nature of short controversy involved in this
appeal, notice to Respondent No. 1 is not considered necessary. It is more
so when the contesting respondent No. 2 is present on caveat.
(3.) The High court while admitting the appeal of Respondent No. 1 against
the final order dated 28.01.2016 passed by the Single Judge in W.P. No.
19906/2013 filed by Respondent No. 2 against the appellant herein and
Respondent No. 1 passed the following interim order:-
"The controversy in these Letter Patent Appeals pertains to appointment of
Retail Outlet Dealership. The selection committee placed first respondent-
writ petitioner at No. 1 and the appellant in the accompanying appeal at
No. 2 without even inspecting the land offered by them. After the merit
list was circulated on 06.03.2013, the land offered by respondent No. 1 was
inspected on 07.05.2013 and found 'suitable' on 08.05.2013. Soon
thereafter, on 27.05.2013, the inspection committee asked for the
'demarcation of the land' in question. The record further reveals that
first respondent claims to have taken on lease the land measuring 2 Kanals,
9 Marlas out of total land measuring 22 Kanals 13 Marlas. The land is owned
by several co-sharers and one of them has in fact, filed even partition
proceedings. The said co-sharer had raised objection against installation
of retail outlet on the piece of land offered by respondent No. 1 as
without partition, she cannot claim that the prime front portion of the
land abutting the main highway, has fallen to the share of her lessors.
The appellant is unable to explain as to how could it make selection
or declare the land 'suitable' without verifying the record as it was still
a joint holding and the affidavits relied upon by respondent No. 1 are not
by all the co-sharers.
Similarly, the appointment of appellant in the accompanying appeal as
the Retail Outlet Dealer on the basis of her placement at No. 2 in merit
list is equally strange. The site where she has statedly installed the
outlet is 40 kilometers away from the area, which was advertised for
appointment of dealership.
Prime-facie, the merit list appears to have been prepared for the
reasons other than the merit.
Operation of the order passed by learned Single Judge shall remain
stayed. Resultantly, neither respondent No. 1 nor the appellant in the
accompanying appeal shall be allowed to operate the retail outlet. Fresh
advertisement, if any, by the Corporation, shall be subject to final
outcome of these appeals.
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