ASHOK AUTO SERVICE Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) The petitioner before this Court is a dealer of Indian Oil Corporation Ltd., and is stated to have been in business since 1930. The retail outlet of the petitioner situated in Defence Land had to be discontinued, inasmuch as, the Defence Estate Officer had communicated to the petitioner that the leasing of the defence land to public oil companies for petrol pumps etc., were to be discontinued, and allotted only to Ex-Service men.

(2.) The respondent No. 1, thereafter issued a communication dtd. 25/3/2022 asking the petitioner to vacate the said retail outlet with an option to relocate its petrol pump to any other premises. In the intervening period however, there were certain developments, inasmuch, as the State of Meghalaya, who had been impleaded in the earlier writ petition being WP(C) No. 193 of 2022, informed that the said plot of land was also required for expansion of the National Highway, and that the petitioner in lieu of the current location, could be offered an alternative piece of land.

(3.) Pursuant to these developments, a plot of land was identified and allotted to the petitioner, for which a Lease Agreement was then executed. The petitioner thereafter, had approached the respondents for setting up of a retail outlet but was however informed that in order to shift their current retail outlet, they were required to sublease the plot to the respondent No. 1. The petitioner being aggrieved with these directions, more so, as the terms of the lease with the State did not permit sub-leasing of the land to the respondent No. 1, is therefore seeking appropriate directions from this Court to direct the respondent to allow them to set up a fresh retail outlet under IOCL in the said premises, failing which to allow the petitioner to set up a retail outlet with any other oil company.