SANJEEV PRAKASH SHARMA, J. - (1.) The petitioner by way of this writ petition has prayed to quash the orders dated 15.07.2017 whereby the retail outlet awarded in favour of M/s. Hamara Pump at Karwar was suspended with directions to the petitioner to get the dispute resolved with the partners so that the suspension of the dealership agreement may be revoked and also aggrieved of the order dated 15.7.2017 of the Hindustan Petroleum Corporation Limited (hereinafter to be referred as the 'HPCL') in awarding ad hoc dealership to another outlet.
(2.) Petitioner has submitted that he had purchased the land from one Babu Lal at Village Kalwar, Tehsil Naina Distt. Bundi by registered sale deed and had applied for retail outlet. The petitioner's candidature was considered and he was allotted dealership of Motor Spirit and High Speed Diesel Oil w.e.f 15.9.2004 vide letter dated 16.03.2005. Memorandum of agreement had already been executed between the parties on 15.9.2004. The dealership was registered as M/s. Hamara Pump on 28.08.2014. It has been stated that on account of intervention of the respondent Smt. Kailash Meena W/o Girraj Kumar was introduced as partner to the firm and dealership agreement was executed with the petitioner's firm on 16.11.2016. The petitioner submits that no investment was done by Smt. Kailash Meena and the partnership was dissolved and auction notice received was furnished to the respondent HPCL. The petitioner also submitted an application requesting for regular supply of petroleum product. However, the respondent suspended the dealership agreement vide letter dated 15.07.2017. and also allotted the said petrol pump to another person on ad hoc basis on the same date. It has been stated by the petitioner that respondents had been influenced by the husband of Smt. Kailash Meena in not continuing the supply to the petitioner's petrol pump and the respondent HPCL is forcing the petitioner to enter into a compromise with Smt. Kailash Meena , although there is no investment of the said partner and the petitioner has already dissolved the partnership firm.
(3.) In reply to the petition, it has been stated by the respondent HPCL that the retail outlet had been closed for more than three months and the respondents recognised both the petitioner and Smt. Kailash Meena as the dealers. It is stated that the order of suspension has been passed referring to various communications taking place with regard to violation of dealership agreement dated 16.11.2016 and ad hoc dealer was appointed after meeting held with partner Smt. Kailash Meena who gave the written consent for appointment of ad hoc dealer.;