- (1.) HEARD Mr. R. B. Singhal, learned Counsel for the petitioner, Mr. B. N. Singh, learned Counsel for the Union of India and Dr. R. G. Padia, learned Counsel for the Indian Oil Corporation.
(2.) THE respondents are directed to file counter-affidavit within one month. List thereafter. The petitioner has challenged the impugned orders dated 9-8- 2002 and 16-8-2002, Annexures-6 and 7 to the writ petition. We have carefully perused the impugned orders. We are, prima facie, of the opinion that they are arbitrary and illegal.
(3.) THE petitioner was granted a retail out-let for supply of motor spirit and petroleum products against the advertisement dated 31-8-2000, Annexure-1 to the writ petition, in the freedom fighter category. THE petitioner appeared in the interview before the Dealer Selection Board, Bareilly and vide order dated 21-2-2002, Annexure 5 to the writ petition, he was appointed as Retail Outlet Dealer at Chandausi, District Moradabad, vide Annexure-5 to the writ petition. After completing the necessary formalities the petitioner started operating the Out- let dealership in March, 2002 in the name and style of M/s. Azad Hind Filling Station. It has been alleged in paragraph No. 11 that he has invested a huge amount of money to run the Outlet at Chandausi and he has been running the said outlet since March, 2002. In paragraph No. 14 of the petition it is stated that suddenly the impugned order dated 9-8-2002 was issued by the Union of India directing cancellation of allotment of Retail Outlet dealership of motor spirit and higher speed diesel, LPG Distributorship, and DKO-LDO Dealership since 1-1-2000 vide Annexure-6 to the writ petition. Consequently, the supply to the petitioner has been stopped. Thereafter, by the impugned order dated 16-8-2002 the petitioner's Outlet has been cancelled. It is alleged that no opportunity of hearing has been given to the petitioner before passing the impugned order.;