H.R. Panwar, J. - (1.) BOTH these writ petitions involve common questions of law and facts and therefore, with the consent of learned Counsel for the parties, they are heard and decided together taking the facts of S.B. Civil Writ Petition No. 5119/08 as a leading case.
(2.) THE petitioner Udaipur Tanker Owners Association filed the instant writ petition stating therein that the petitioner Association is a registered Association and carrying on the business of tanker transportation of petroleum products. The respondent Indian Oil Corporation invited tenders for awarding A reply to the writ petition has been filed by the respondents raising a preliminary objection that the writ of mandamus is not maintainable by an Association, only an individual if aggrieved by any act of the respondents can seek the writ of mandamus. Learned Counsel for the respondent Corporation has relied on two decisions of Hon'ble Supreme Court in Shri Mahinder Kumar Gupta etc. v. : (1995)1SCC85 and in Federation of Bar Associations in Karnataka v. : AIR2000SC2544 . I have heard learned Counsel for the parties. Carefully gone through the pleadings of the parties.
(3.) IT is contended by learned Counsel for the petitioners that the respondent Corporation has adopted double standard in between the tanker owners and the retail outlet dealers with regard to earnest money, security deposit and minimum Learned Counsel for the petitioner has relied on decisions of Hon'ble Supreme Court in Union of India and Ors. v. : AIR1994SC988 , in Tata Cellular v. Union of India (1994) 6 SCC 651, in Kumari Shrilekha Vidyarthi etc. etc. v. : AIR1991SC537 , in Dutta Association Pvt. Ltd. v. : (1997)1SCC53 and in State of Rajasthan and Ors. v. Basant Nahata 2005 AIR SCW 4456.;