Indian Oil Corporation Ltd. v. Meena Kumari and Ors.
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.