Court No. - 39
Case :- WRIT - C No. - 19689 of 2021 Petitioner :- Akali Kisan Sewa Kendra Respondent :- Chief Divisional Retail Sales Manager And 2 Others Counsel for Petitioner :- Pankaj Misra,Swasti Misra Counsel for Respondent :- Rakesh Kumar
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
The petitioner has filed the instant petition praying for a mandamus commanding Indian Oil Corporation Ltd. to hand over possession of retail outlet to it and also restore supplies of petroleum products in pursuance of dealership dated 18.04.2007.
On 03.09.2021, a co-ordinate Bench passed the following order:
"The case of the petitioner is that though dealership was terminated but against termination, the petitioner filed an appeal which was allowed. The termination order was set aside though with liberty to the Corporation to pass a fresh order after consideration of the reply submitted by the petitioner. It is the case of the petitioner that after the order in appeal, the petitioner submitted a response and was last heard on 23.12.2020 but, till date, no order has been passed and, despite the termination order having been set aside, the supply has not been restored.
The matter requires consideration.
Sri Rakesh Kumar has accepted notice on behalf of respondents. He shall seek written instructions in the matter.
Put up as fresh on 23.9.2021."
On matter being taken up today, learned counsel for the I.O.C. has placed on record an order passed by competent authority on 15.09.2021 terminating the dealership and passing consequential order relating to settlement of accounts.
Counsel for the I.O.C. states that he is having a cheque of lease rent amount drawn in favour of the petitioner and is ready to handover the same to counsel for the petitioner.
Learned counsel for the petitioner has accepted copy of the order dated 15.09.2021 but has declined to accept the cheque.
Having regard to the above development, in our opinion, the relief claimed in the writ petition relating to restoration of possession and supplies of petroleum products, cannot be granted unless the petitioner challenges the subsequent order.
Accordingly, with the aforesaid liberty reserved in favour of the petitioner, the petition stands disposed of.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 23.9.2021 Meenu