JUDGEMENT
-
(1.) This writ petition has been filed with the following prayers:
"(i) Issue a writ or direction in the nature of certiorari quashing the order dated 07.09.2006 passed by the General Manager, Indian Oil Corporation Limited, Lucknow ( enclosed as annexure-1 to the writ petition.)
(ii) Certiorari quashing the orders dated 24.12.2009 and 13.02.2010 (enclosed as annexure-2 & 3 to the writ petition) passed by the Principal Secretary (Revenue) Government of Uttar Pradesh, Lucknow.
(iii) Certiorari quashing the order dated 14.05.2008 passed by the District Magistrate, Sonbhadra (enclosed as annexure-7 to this writ petition);
(iv) Mandamus commanding the General Manager, Indian Oil Corporation Ltd., Lucknow (respondent no.2) to restore the supply of SKO of the dealership of the petitioner.
(v) Any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstance of the case."
(2.) Through order dated 07.09.2006, General Manager of Indian Oil Corporation Ltd., U.P. State Office, Lucknow has decided the representation of the petitioner pursuant to the order of this Court dated 24.02.2006 passed in Writ Petition No.28435 of 2006. Whereas vide order dated 24.12.2009 the Principal Secretary Revenue has decided the petitioner's representation pursuant to the order of this Court dated 13.10.2009 passed in Writ Petition No. 28166 of 2008. By this order the Principal Secretary has held that the residence certificate could be issued to the petitioner after completion of three years from 22.07.1999. Whereas vide order dated 13.2.2010 the petitioner's review application has been rejected by the Principal Secretary on the ground that earlier order was passed only after considering the material available on the record and except that nothing could be brought on record by the petitioner which may alter the situation. Further vide order dated 14.05.2008 the District Magistrate, Sonbhadra has cancelled/rejected the petitioner's residence certificate.
(3.) The facts giving rise to this case are that the Indian Oil Corporation issued an advertisement on 28.12.1997 for grant of retail out-let /S.K.O.-L.D.O. Dealership, in which one place was at Duddhi District Sonbhadra (Item No.10 the advancement). Amongst the conditions for making application, one condition was that the person making such application should be resident of that very district for which dealership has been invited. Another condition was that the gross income of the candidate/his/her family for the year 1996-1997 should not exceed Rs.2 lacs per annum. It appears that on 31.5.1998 the Indian Oil Corporation Limited issued a corrigendum mentioning the correct district for allotment of S.K.O.-L.D.O. retail out let. Pursuant thereof the petitioner has also applied along with his residence certificate dated 16.06.1998 issued by Tehsildar Duddhi and Income Certificate. The interview for the said purpose was held on 20.04.2007 and the dealership was given to the petitioner.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.