2018 Supreme(Guj) 772
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J. SHASTRI, J.
Yogendrasinh D Sisodiya - Appellant
Versus
Indian Oil Corporation - Respondent
Special Civil Application No. 6021 of 2015
Decided On : 10-07-2018
Prabhav A Mehta, Adv., Akshay A Vakil, Adv., Kuntal A Joshi, Adv., S.P. Majmudar, Adv.
Headnote:
Writ Petition - Constitution of India - Article 226 - An advertisement came to be issued by the respondent-Indian Oil Corporation Ltd for the purpose of awarding and allotting LPG distributorship in the open category - Petitioner, pursuant to this advertisement, has submitted his application with all requisite details and copies of the documents - Held, Fact that the party may have several remedies for the same cause of action, he must elect his remedy and cannot be permitted to indulge in multiplicity of actions - Exercise of discretion to issue a writ is a matter of granting equitable relief - It is a remedy in equity - In the present case, the High Court declined to interfere at the instance of the appellant having noticed the above clinching facts. No fault can be found with the approach of the High Court in refusing to exercise its writ jurisdiction because of the conduct of the appellant in pursuing multiple proceedings for the same relief and also because the appellant had an alternative and efficacious statutory remedy to which he has already resorted to - Petition dismissed. (Para 21)
A.J. SHASTRI, J.
1. The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs :
"(A) Your Lordships may be pleased to issue writ of mandamus and/or writ in the nature of mandamus and/or appropriate writ, order or direction to quash and set aside order dated 28.11.2014 passed by the respondent-corporation bearing No.SAO/GRT/06; and be further pleased to direct the respondent-Indian Oil Corporation Ltd. to grant LPG Distributorship at Gotri, District-Vadodara pursuant to advertisement dated 30.9.2013, in accordance with law.
B. Pending admission and final disposal of the present petition, Your Lordships may kindly be pleased to restrain the respondent-Indian Oil Corporation Ltd. and/or its agent and/or servants from issuing re-advertisement and/or processing any other application for the purpose of LPG Distributorship at Gotri, District Vadodara pursuant to advertisement dated 30.9.2013, which is subject matter in issue of the present petition.
C. An ex-parte ad-interim relief in terms of prayer (B) above may kindly be granted.
D. Such other and further relief/s as may be deemed just and necessary in the facts and circumstances of the present case may kindly be granted."
2. The case of the petitioner is that an advertisement came to be issued by the respondent-Indian Oil Corporation Ltd. on 30.9.2013 for the purpose of awarding and allotting LPG distributorship at Gotri, Vadodara in the open category. The petitioner, pursuant to this advertisement, has submitted his application with all requisite details and copies of the documents. In response thereto, correspondence took place between IOCL and the petitioner which indicates that the petitioner was also called upon to explain with regard to the concerned plot for the purpose of constructing godown facility and the said issue was resolved in view of the documentation which took place in the form of agreement of lease which was also produced before the authority. After series of stages, the petitioner was selected ultimately after verifying every details and vide letter dated 12.8.2014 written by respondent No.2, the petitioner was informed that petitioner has been selected and for the purpose of verification of credentials etc., appropriate security deposit was called upon to be produced. The same was also submitted by the petitioner and there is no dispute with regard to said position, as has been contended by the petitioner.
2.1 The petitioner further asserts that vide letter dated 21.7.2014, the petitioner was informed that draw for the purpose of distribution of LPG distributorship in which the petitioner was supposed to remain present. As a result of this, the petitioner did remain present which is indicated by communication dated 21.7.2014 as well as 12.8.2014. It is further the case of the petitioner that for the purpose of holding a plot, a lease in respect of plot for godown was also executed for a minimum period of 15 years which was required and the said lease deed was executed on 17.10.2013 with one Mr.Kabhai Ranchhodbhai Chauhan, who happened to be the relative of the petitioner and the owner of the land bearing Block Survey No.262/2 mouje Karodiya sim, District-Vadodara. The petitioner further asserts in the petition that there is an approach road which is a private road passing through the land bearing Survey No.223 which is immediately adjacent to the leasehold plot of the petitioner and the same is a bitumen road. The petitioner as well as the original owner of land bearing Survey No.262 Paiki 2 is also having a right to ply on the said road for the purpose of approaching land bearing Block Survey No.262 Paiki 2. Even the Mamlatdar, after verification, has issued the certificate which is evidently makes it clear the aforesaid fact. Additionally, a statement before the Mamlatdar-cum-Mantri, Karodiya is also recorded which indicates a private approach road. So much so a panch kyas on 20.9.2