PRAKASH INDANE AGENCY Vs. INDIAN OIL CORPORATION LTD.
LAWS(GAU)-2018-2-186
HIGH COURT OF GAUHATI
Decided on February 13,2018

Prakash Indane Agency Appellant
VERSUS
INDIAN OIL CORPORATION LTD. Respondents

JUDGEMENT

SUMAN SHYAM,J. - (1.) Heard Mr. S. K. Medhi, learned senior counsel assisted by Mr. A. Das, learned counsel appearing for the writ petitioners. I have also heard Mr. D. K. Sarmah, learned Standing Counsel, IOC, appearing for respondent Nos.1, 2 and 3.
(2.) The order dated 28.07.2017 by means of which the LPG distributorship licence issued to the writ petitioner was cancelled by the IOCL authorities has been put to challenge in the instant writ petition. The facts of the case, shorn of unnecessary details, may be noticed as follows.
(3.) On 30.09.2013 a notice was published in the newspaper inviting applications for LPG distributorship in various locations including Hojai. As per the terms of the advertisement the successful distributors were to be chosen by means of draw of lots. Responding to the said advertisement, the writ petitioner herein had also submitted his application and on completion of the draw of lots it was the petitioner who had emerged as the successful candidate for the location "Hojai". Accordingly, his application was processed by the authorities. In the meantime, the petitioner had also obtained explosive approval for the godown from the Petroleum Explosive Safety Organisation (PESO) and NOC dated 13.05.2015 from the IOCL for setting up the godown at the location proposed by him. On completion of necessary formalities, the respondent No.1 had entered into a Memorandum of Agreement dated 25.,02.2016 with the writ petitioner for operating the LPG distributorship at Hojai pursuant whereto, the petitioner had started operation of his LPG distributorship at Hojai.;


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