- (1.) PALOK Basu and D. K. Seth, J. Smt. Pushpa Devi Wig has filed the first writ petition that is Writ Petition No. 16313 of 1993 which contains the prayer that the respondent-Indian Oil Corporation (for short the I. O. C.) be directed by a writ of Mandamus to grant the letter of intent of the retail outlet situate at 16-A, Transport Nagar, Kanpur to the petitioner for run ning petrol pump in terms of the Award dated 25-11-1991. The second prayer is that the I. O. C. be prohibited from extending ad hoc dealership of opposite party No. 4, namely, Jagdamba Petrol Pump, proprietorship of one Lal Singh Tomar, who admittedly had been given only ad hoc dealership in view of some dispute be tween the petitioner and other partner in the firm which was the original licen see/dealer of the aforesaid petrol pump.
(2.) THE other Writ Petition, being Writ Petition No. 27160 of 1995, has been filed by Naik Raj Bahadur Rathore with the prayer that the I. O. C. be commanded not to grant dealership of the retail outlet at 16- A, Transport Nagar, Kanpur except to persons eligible under the "defence-Quota" as per Rules of the Corporation. It may be mentioned that in these two writ petitions, applications for proceedings under Article 215 of the Con stitution of India, have also been filed and further that the parties have exchanged affidavits and both the writ petitions have matured for hearing. The cases were taken up by special mention because of inor dinate delay and further that the petitioner-Smt. Pushpa Devi Wig happens to be a widow of an ex-Army personnel and has reached evening of her life, delay in decision of the dealership issue was likely to frustrate her remaining years by keep ing her engaged in the case for long. Sri Vineet Saran and Sri Pankaj Bhatia on behalf of the petitioners, Dr. R. G. Padia on behalf of the I. O. C. and Sri Ramendra Asthana on behalf of the private opposite party-Jagdamba Petrol rump run by Sri Lal Singh Tbmar, have been heard at considerable length and en tire record of the cases have been perused.
(3.) SINCE during the course of argu ments, reference was also made to the ear lier decisions, the file of Writ Petition No. 4376 of 1988 and Writ Petition No. 5496 of 1988, both of which were disposed of by a judgment of the Division Bench dated 17-5-1988, were also summoned from the of fice in order to appreciate the arguments and set at rest the controversy as far as possible in these two writ petitions. The short facts are that on 7-6 1973 Fit. Lt. W. N. Wig (retired) and Major J. S. Bisht (retired) were allotted under the "defence-quota" the retail outlet at 16-A, Transport Nagar, Kanpur and were also dealer thereof, by the I. O. C. It was in the nature of a partnership firm of the said two ex-Army personnel, which was entered into through an agreement dated 24-8-1973. Unfortunately, Fit. Lt. W. N. Wig died, about which intimation was sent to the O. O. C. on 21-12-1986 by the petitioner-Smt. Pushpa Devi Wig. As the events turned there happened to be some dispute between the petitioner-widow and other surviving partner, namely, Major J. S. Bisht and ultimately the petitioner came to know through a notice published on 10-3-1988 in a local newspaper that dealership of the retail outlet aforesaid has been terminated by the I. O. C. It is that termination ore' ; which became subject-matter of Writ Petition No. 4376 of 1988 and Writ Petition No. 5496 of 1988.;