Court No. - 32
Case :- WRIT - C No. - 49588 of 2017
Petitioner :- M/S Chahar Filling Station Respondent :- Indian Oil Corporation Thru Chairman And 9 Others
Counsel for Petitioner :- Nirvikar Gupta,Ravi Kant
Counsel for Respondent :- C.S.C.,Prakash Padia
Hon'ble Shashi Kant Gupta,J.
Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia, for the following relief:
"Issue a writ, order or direction , including a writ in the nature of certiorari to quash the impugned order dated 4.7.2017 (Annexure no.1 ) passed by respondent no. 4, whereby the A Site Retail Outlet Dealership at NH-2, Chatta, District Mathura , in the name of the petitioner has been terminated as well as the consequential orders of seizure and subsequent allotment of respondent no. 10 as ad hoc dealer of the retail outlet allotted in favour of the petitioner."
By means of the present writ petition, the petitioner has challenged the validity, legality and the correctness of the impugned order dated 4.7.2017 passed by the respondent no. 4, whereby the the Retail Outlet Dealership at NH-2, Chatta, District Mathura in the name of the petitioner has been terminated along with subsequent consequential orders of seizure as well as appointment of respondent no. 10 as ad hoc dealer of the outlet in question.
The Brief facts of the case , as set out , in the writ petition are as follows:
The respondent no. 1, after making public advertisement for the allotment of Petrol/Diesel/Lubricant Retail Outlet at NH-2, Chatta, District Mathura, made an allotment in favour of the petitioner in the category of Ex-army-man (O.P. Rakshak) on 12.4.2002, after conforming to all the requirements. Since then the petitioner was running the said dealership at NH-2, Chatta, District Mathura, in the name of the sole proprietorship concern namely M/s Chahar Filling Station' to the best of his ability and has been selling the petrol/diesel/lubricants in the said retail outlet in accordance with the terms and conditions of the agreement executed between the petitioner and the respondent no. 1 through its authorized officers and there was no complaint made by anyone regarding the sale, supply, quantity and quality of the petrol/diesel or of any other nature whatsoever. Because of the honesty and rendering best service to the customers, the petitioner's retail outlet had earned its own reputation and was one of the maximum selling retail outlet in the area.
From perusal of the record, it transpires that on 6.5.2017 a joint inspection team consisting of five members inspected the aforesaid retail outlet of the petitioner and an inspection report dated 6.5.2017 was prepared. On the basis of the said inspection report a show cause notice dated 12.5.207 was issued by the respondent no. 3 to the petitioner calling upon him to submit his explanation and in pursuance thereof , the petitioner submitted his reply on 24.5.207. The record further reveals that in response to the said reply dated 24.5.2017, the respondent no. 3 further issued another show cause notice dated 12.6.2017 to the petitioner which too was replied by the petitioner on 16.6.2017 and on the basis of the inspection report the retail outlet dealership of the petitioner was terminated on 4.7.2017. Record further reveals that on the basis of the aforesaid inspection reports/ impugned order, an F.I.R. was lodged on 19.7.2017 against the petitioner in case crime no. 342 of 2017 under section 3/7 E.C.Act and 420 I.P.C. P.S. Chatta District Mathura and a temporary arrangement was made by appointing the respondent no. 10 as ad hoc dealer of the retail outlet in question.
Today a supplementary affidavit has been filed by the petitioner annexing therewith a copy of the forensic report dated 4.4.2018. For ready reference , relevant par of the said report dated 4.4.2018 is extracted herein below:
" mijksDr fookfnr izn'kkasZ ¼pulsar cards½ dk ijh{k.k pulsar card ds circuitry analysis o OEM ¼midco½ ds izfrfuf/k }kjk izkIr djk;s x;s sample pulsar cards ls physical comparison fd;k x;k] ijh{k.kksijkar&भेजे x;s pulsar cards,midco mark a fpfUgr izn'kZ PC-1, PC-2 o PC-3 esa dksbZ vfrfjDr circuitry electronic device/ wiring ugha ik;h x;h] bu ls rsy dh ?kVrkSyh ugha dh tk ldrh ;fn budks pulsar assembly lfgr fMLisaflax ;wfuV esa LFkkfir fd;k tk;sA Mr. Ravi Kant, learned Senior Advocate appearing on behalf of the petitioner submits that from perusal of the aforesaid forensic report, it is evident that nothing was found against the petitioner and no offence of any nature was ever committed by the petitioner and after receipt of the said report, final report was submitted by the police on 2.12.2018, which was accepted by the concerned Magistrate on 25.3.2019.
It was further submitted that since after receipt of the aforesaid forensic report, the entire inspection reports fall to the ground and the entire foundation on which the impugned order dated 4.7.207 is passed stands demolished.Thus, in the circumstances, the petitioner is entitled to restoration of the agreement and the dispensing unit and the impugned order dated 4.7.2017 is liable to be quashed permitting the petitioner to reopen the retail unit. In support of his contention he relied upon the law laid down in M/S Ghazipur Petrol Supply Co. Ghazipur Vs. Hindustan Petroleum Corporation Ltd. And another : [2019(6) ADJ 487 (DB)].
Heard Mr. Ravi Kant, learned Senior Advocate assisted by the Mr. Nirvikar Gupta, learned counsel for the petitioner and Mr. Anand Tiwari , learned counsel appearing on behalf of Indian Oil Corporation and perused the record.
From perusal of the record, it transpires that at the time when the impugned order was passed , the forensic report was not on record but still the impugned order was passed without waiting for the forensic report. The same has now been received and a copy of the same is on record. It appears to be in favour of the petitioner and in pursuance thereof final report has also been submitted by the police in favour of the petitioner, which too has been accepted by the concerned Magistrate on 25.3.2019.Thus, the allegation made by the Corporation is on a weak and murky foundation.
Considering the facts and circumstances of the case, with the consent of the learned counsel for the parties, we hereby remit the matter to the respondent no. 4, General Manager (Retail Sales), Uttar Pradesh State Office-II, Noida ( for Indian Oil Corporation Ltd. Indian Oil Bhawan, 65/2, Sanjay Place, Agra, to decide the matter afresh in the light of the aforementioned forensic report dated 4.4.2018 after giving opportunity of hearing to the petitioner within a period of two months from the date of receipt of a certified copy of this order.
Learned counsel for the petitioner undertakes to serve a copy of this order within fifteen days from today upon the concerned authority.
For a period of three months from today or till the fresh order is passed by the authority concerned, whichever is earlier, the impugned order shall be kept in abeyance.
With the above observations, the writ petition stands disposed of .
Order Date :- 31.7.2019 MLK