INDIAN OIL CORPORATION LTD. v. MEENA KUMARI AND ORS.

Case Details & Bench

Court: High Court
Hon'ble Judges: S. B. Sinha
Markandey Katju
Judgment Date: 2007-05-01
Court Decision / Holding: Appeal dismissed.
Final Disposition: Appeal dismissed with no costs.

Parties to the Case

Appellants / Petitioners

Indian Oil Corporation Limited

Respondents

Smt. Meena Kumari
Smt. Asha Devi

Legal Representation & Advocates

Counsels for Petitioners

• H. K. Puri

Counsels for Respondents

• Dinesh Dwivedi (for K. L. Mehta & Co.)

Case Synopsis & Summary

This Supreme Court decision concerns a writ petition under Article 226 challenging an order directing Indian Oil Corporation Limited (IOCL) to grant a licence for a retail petrol pump at village Jheenjhak, Kanpur Dehat, in preference to other applicants. Meena Kumari, a war widow residing in Kanpur Dehat, sought mandamus to obtain the licence in pursuance of a 1977 notification/guidelines. The High Court had allowed the petition, directing IOCL to grant the licence to Meena Kumari on the ground that the policy guidelines provide district-based preference for dealership selection, and she belonged to the district where the dealership was advertised. The Supreme Court upheld the High Court’s reasoning, holding that the contestant (Meena Kumari) merited preference since she was a resident of Kanpur Dehat, the locality for which the dealership was being granted. Consequently, the Court found no merit in IOCL’s appeal and dismissed it with no costs. The decision reinforces domicile-based preference under the 1977 dealership guidelines and clarifies the application of such guidelines in the selection of dealers/distributors under the writ jurisdiction (Article 226). The respondent’s entitlement to the licence was affirmed, while IOCL’s challenge was rejected.

Provisions of Law Cited

Constitution of India, 1950; Article 226

Extracted Judgment Text

Exact text extracted from official judgment records.

A • ## INDIAN OIL CORPORATION LTD. ## _v._ ## MEENA KUMARI AND ORS. ## MAY I, 2007 B [S.B. SINHA AND MARKANDEY KA TJU, JJ.] _Constitution of India, 1950; Article 226:_ _Writ Petition-Writ of Mandamus/or direction to appellant-Corporation_ c _to grant her licence for Petrol Pump in preference to other applicant on ground of residential requirement-Held: High Court was right in directing the Corporation to grant the licence to respondent no. l in preference to other applicant on the ground of residential requirement in terms of guidelines on the subject._ D The writ petitioner is a resident of village Jheenjhak, district Kanpur Dehat and is a war widow. On the other hand, respondent No. :! in this appeal who is also a war widow of an ex army personnel is a resident of district Farrukhabad, Respondent No. 1 filed the impugned writ petition in the High Court praying for a writ of mandamus directing the appellant-Indian Oil E[Corporation Limited, to ][grant ][her a licence for retail outleUpetrol ][pump ][in ] pursuance of the Notification dated 30.12.1977 which was allowed by the High Court. Hence, the present appeal. Dismissing the appeal, the Court F HELD: 1.1. One of the terms mentioned in the policy guidelines for selection of dealers/distributors was that preference would be given to the candidate belonging to the district in which the proposed dealership/ distributorship is advertised. [Para 5) (1059-EJ ) 1.2. In the Fact and circumstances of the case, the High Court was right G in directing that respondent No. 1 should have been given preference and granted the licence for the petrol pump since she is a resident of kanpur Dehat for which locality the dealership was being granted, she had preference. [Pa.ra 6) [1059-F) H CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7215 of2000. 1058 j 059 INDIAN OILCOPRN. LTD."· MEENA KUMARI [MARKANDEY KA TJU,J.] _:i_ From the Final Judgment and Order dated 14.09.2000 of the High Court A of Judicature at Allahabad in Civil Misc. Petition No. 40236 of 1999. H.K. Puri for the Appellant. Dinesh Dwivedi, (for K.L. Mehta & Co.) for the Respondents. The Judgment of the Court was delivered by **B** **MARKANDEY KAT** JU, **J.** I. This appeal has been filed against the impugned judgment and order dated 14.9 .2000 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40236 of 1999. 2. Heard learned counsel for the parties and perused the record. 3. Respondent No. I, Smt. Meena Kumari, filed the impugned writ C petition in the High Court praying for a _writ of mandamus_ directing the appellant, Indian Oil Corporation Limited, to grant her a licence for retail outlet/petrol pump in village Jheenjhak, district Kanpur Dehat, in pursuance of the Notification dated 30.12.1977. 4. The writ petitioner is a resident of village Jheenjhak, district Kanpur **D** Dehat and is a war widow whose husband was an army personnel who died during the 1971 war. On the other hand, respondent No. 2 in this appeal, Smt. Asha Devi, who is also a war widow of an ex army personnel, is a resident of district Farrukhabad. 5. One of the terms mentioned in the policy guidelines for selection of E dealers/distributors of 1977 was that preference would be given to the candidate belonging to the district in which the proposed dealership/distributorship is advertised. 6. In these circumstances, we are of the opinion that the High Court was right in directing that respondent No. 1 Smt. Meena Kumari should have been p given preference and granted the licence for the petrol pump. Since she is a resident of Kanpur Dehat for which locality the dealership was being granted, she had preference. 7. For the reasons given above, we find no merit in this appeal. The appeal is dismissed accordingly. No costs. G S.K.S. Appeal dismissed.