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High Court Of Delhi
HILAL FILLING STATION - Appellant
Versus
INDIAN OIL CORPORATION LIMITED - Respondent
CIV.WRIT 5260 of 2003
Decided On : 09/02/2003
Held:
The Petitioner has submitted that the Respondents said letter dated 16.8.2003 is absolutely vague. It is also submitted that, while it has been alleged that the HSD samples drawn from the petitioners pump on 5.7.2003 failed to meet the bids specifications, it has not been disclosed as to when and where and in which laboratory, the samples were tested. The Petitioner has further submitted that the Respondents impugned letter dated 16.8.2003 does not even point out any illegality or irregularity on the part of the Petitioner. It is also alleged that the said letter dated 16.8.2003, without supplying any test report, cannot be termed as a show cause notice at all. In the absence of a test report, the Petitioner is unable to rebut any allegations made against it. Finally, the Petitioner has stated that the issuance of the purported show cause notice dated 16.8.2003 by the Respondent is merely an eye wash and the Petitioner has reasons to believe that the respondent intends to terminate the petitioners dealership. From these averments and submissions, it is clear that the petitioners grievance is essentially with respect to the inspection of 5.7.2003, the show cause notice dated 16.8.2003 and the sampling and testing procedure adopted by the respondent. These are the facts which constitute the cause of action. They have entirely arisen in U.P., beyond the territorial jurisdiction of this Court. Clearly, no part of such cause of action has arisen within the territorial jurisdiction of this Court. Hence, this Court would not have the territorial jurisdiction to entertain the present writ petition.
Accordingly, this writ petition is liable to be dismissed on the ground that this court lacks the territorial jurisdiction to entertain it. It is so dismissed. Since the present writ petition has also been filed prematurely despite the earlier writ petition having being dismissed as being premature, the Petitioner ought to be saddled with costs.
( 1 ) THE Petitioner is the respondent s dealer for the retail sale or supply of petrol/hsd/ motor oil/grease and such other petroleum products as may be specified by the respondent. The dealership of the Petitioner is situated at Hassanpur Road, Sambhal, District Moradabad (U. P. ). The Petitioner was appointed as such dealer by virtue of an agreement executed by and between the Petitioner and the respondent on 15. 02. 1995.
( 2 ) THE question for consideration is whether this Court has the territorial jurisdiction to entertain this writ petition. The nature of the present petition is indicated by the prayer. The Petitioner has sought an appropriate writ, order or direction, directing the respondent not to contemplate/take any action including suspension of supply on the basis of the inspection dated 5. 7. 2003 in respect of the petitioner s said retail outlet without comparing the drawn sample with the mother/reference sample. Whether such a writ can at all be issued, is another question: At this stage, we are primarily concerned with this Court s territorial jurisdiction to entertain this petition.
( 3 ) ALTHOUGH the prayer clause of the writ petition has reference only to the inspection carried out on 5. 7. 2003, the Petitioner is aisc, in point of fact, challenging the letter dated 16. 8. 2003 issued by the respondent. As aforesaid, the Petitioner s retail outlet is located in Hassanpur Road, Sambhal, district Moradabad (U. P. ). The inspection was carried out at the said location. The inspection report was prepared in that very location. In the inspection report certain irregularities have been noticed. The Petitioner, it must be pointed out, nad earlier moved a writ petition (CW 4934/2003) before this Court soon after the said inspection and report. In that petition aiso the Petitioner had prayed for the issuance of a direction to the respondent not to contemplate any action, including suspension of supply on the basis of the inspection report dated 5. 7. 2003 in respect of the petitioner s said retail outlet without comparing the drawn sample with the mother/reference samples. Thus, it is clear that, the prayers in the previous writ petition and the present writ petition are more or less the same. That writ petition was disposed of by an order dated 5. 8. 2003 in the following terms:-
"in this petition, the prayer is for direction to the respondent-Indian Oil Corporation Ltd. not to contemplate any action, including suspension of supply on the basis of inspection dated 05. 07. 2003 in respect of the Petitioner s retail petrol pump at Hassanpur Road, Sambhal, Moradabad (U. P.) without comparing the drawn sample with the mother/reference samples. It appears that an inspection was carried out on 05. 07. 2003. The inspection report at the end records as under: - "delivery density not checked in my presence. The irregularities shall be advised in 7 days. The matter of sample container shall be informed later as it is not known to me as newly joined,"
2. Thereafter, nothing has happened. The Petitioner has rushed to this Court on the apprehension that something may happen. Without going into the question of jurisdiction itself, it is clear that the writ petition itself has no merits inasmuch as it is premature and no action against the Petitioner has at all been taken. Accordingly, the writ petition is dismissed. "
( 4 ) AFTER the dismissal of the said writ petition, the Petitioner received the letter dated 16. 8. 2003 from the respondent s divisional office at Bareilly, U. P. This letter, which was despatched to the Petitioner from Bareilly in U. P. , was received by the Petitioner at its retail outlet at Hassanpur Road, Sambhal, district Moradabad in U. P. No part of the purported cause of action has arisen within the territorial limits of this Court. All the actions complained (i. e. , the inspection of 5. 7. 2003 and the issuance of the letter of 16. 8. 2003 and receipt thereof by the petitioner) have
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