- (1.) Challenging the proceedings for cancellation of his retail outlet dealership, the petitioner has submitted this writ petition seeking the following reliefs:- I. by an appropriate writ, order or direction, the order of cancellation of dealership of the petitioner may be placed on the record and the same may be declared illegal and be quashed with all consequential directions and the respondents may kindly be restrained from granting dealership to any other person. II. by an appropriate writ, order or direction, the impugned notices dated 6.12.2005 (Annexure-7) and 14.2.2006 (Annexure-9) respectively be declared illegal and be quashed and the respondents may kindly be restrained from taking any action for canceling the dealership of the petitioner pursuant to the impugned notices with all consequential directions. III. by an appropriate writ, order or direction, the respondents may be directed to act upon the letter of appointment of the petitioner as dealer of the respondent Corporation and to hand over the possession of petrol pump in question for the purpose of running it. IV. by an appropriate writ, order or direction, the respondent Indian Oil Corporation may be directed to carry out the directions of this Hon'ble Court contained in the judgment dated 14.9.2005 in regard to the action to be taken against the officers of the Corporation who are found to be acting in flagrant violation of law. V. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner. VI. Costs of the writ petition may kindly be awarded to the petitioner.
(2.) Basic facts and surrounding circumstances may be summarised thus: According to the petitioner, he is a physically handicapped person and after obtaining a degree in Chemical Engineering, he came down to his village and started cultivating and earning from the agricultural land in Chak No. 15F Bada Second that was succeeded from his grand father by his father, brother and himself. An advertisement dated 18.02.2004 (Annex.1) was issued in newspaper inviting applications for grant of dealership for retail outlets of the Indian Oil Corporaton Ltd. (hereinafter referred as 'the Corporation'/'IOC') including that at Bhagat Ki Kothi, Jodhpur (at Serial Number 148 in the advertisement) which was reserved for the candidates belonging to physically handicapped category. The petitioner applied for the same and was interviewed by the Selection Board; was declared successful and placed at Serial No.1 in the merit; was issued letter of intent (LOI) dated 18.11.2004 (Annex.2); and was appointed as dealer by the order dated 20.12.2004 (Annex.3). The licence in favour of the petitioner was issued by the District Supply Officer on 17.12.2004. Pursuant to LOI, the petitioner deposited a security of Rs.3 lacs with the Corporation (Annex.4).
(3.) In the meantime a civil suit for perpetual injunction alongwith an application for temporary injunction came to be filed by one M/s Dalle Khan and Sons claiming that the aforesaid outlet proposed to be granted in dealership (as advertised at Serial Number 148 in Annexure 1) cannot be identified with the petrol pump that was allotted to the plaintiff by IOC on 27.02.2004; and any attempt to grant dealership of the same pump to any other person was illegal. On his application, the petitioner was impleaded as party defendant in the said suit. While contesting, the Corporation took the stand that the outlet advertised at Serial Number 148 is the same one which was in occupation of the plaintiff; and that the plaintiff was allotted the said outlet only on ad hoc basis for one year or till selected candidate was available. Accepting the submissions of the Corporation, the learned trial court proceeded to reject the application for temporary injunction moved by the said plaintiff by its order dated 16.12.2004 that was challenged before this Court in S.B.Civil Misc. Appeal No.1944/2004. This appeal was heard by the learned Single Judge of this Court on 07.09.2005 and the matter was posted for dictation of order on 09.09.2005 and then on 13.09.2005.;