BANWARI LAL SHARMA,GOVIND MATHUR, JJ. - (1.) THIS special appeal is preferred to question correctness of the judgment dated 25th September 2013 passed by learned Single Judge in S.B. Civil Writ Petition No.1967/2013.
(2.) THE learned Single Judge by the judgment impugned refused to interfere with the matter on the count that the same involves disputed questions of facts which require to be adjudicated by a civil court. While questioning correctness of the judgment aforesaid, it is submitted by learned counsel for the appellant petitioner that learned Single Judge failed to appreciate that there is a flagrant violation of the norms settled by the Indian Oil Corporation Ltd. for grant of retail petroleum outlet. It is asserted that as a matter of fact, instant one is a case of deep favoritism.
(3.) BRIEFLY stated, facts of the case are that the respondent Indian Oil Corporation invited applications for grant of retail outlet dealership for petroleum products and in pursuance thereto, applications were submitted by the petitioner appellant as well as by respondent No.4 Gaurav Galariya. The respondents awarded certain marks against location to the respondent No.4 and being aggrieved by the same, petition for writ was filed with assertion that the location proposed by respondent No. 4 is not suitable for establishing a petroleum product outlet being not in consonance with the norms settled by the Indian Oil Corporation. Learned Single Judge after considering the facts arrived at the conclusion that the petition involves disputed questions of facts and those deserves to be adjudicated by a Civil Court.;