JUDGMENT

Shukla, J. -- 1. The present intra-Court appeal has been filed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 07-01-2021 passed by the learned Single Judge in WP- 18913-2013 [M/s Krishna Gas Agency v. Indian Oil Corporation Ltd. and others], whereby the writ petitioner filed by the respondent/writ-petitioner [hereinafter referred to as “the petitioner”] has been allowed. The petitioner has challenged the order dated 26.12.2011 passed by the appellants, whereby the distributorship of LPG Gas cylinders granted in the name of M/s Krishna Gas Agency has been terminated.

2. The facts leading to filing of the present appeal as putforth by the petitioner are that Late Manish Yadav was awarded Indane Distributorship at Gadarwara, District Narsinghpur under Physically Handicapped (PH) category in the year 1994 and the distributorship was commissioned under the name and style of M/s Krishna Gas Agency, Gadarwara. Thereafter, Shri Manish Yadav died on 28.8.2007 and, therefore, his wife started taking care of the firm and applied for reconstitution of the firm.

3. The appellants vide letter dated 12.11.2007 approved the proposal of the petitioner and directed her to submit the requisite documents for the reconstitution of the firm. In the meantime, the mother-in-law, namely, Smt. Heera Devi Yadav of the petitioner preferred a writ petition (WP-8014-2008) before this Court claiming her right to be inducted in the firm as a Partner under the provisions of the Hindu Succession Act and, therefore, intimation in that regard was sent on 15.3.2010 to the petitioner and No Objection Certificates (NOCs) of legal heirs of Late Manish Yadav were also sought from her within fifteen days therefrom. The said writ petition was dismissed on 21.3.2013 having rendered infructuous.

4. The appellants by letter dated 17.9.2009 directed the petitioner to submit the NOC of legal heir, mother-in-law along with an application for reconstitution as per new policy. The petitioner was further directed to make adequate infrastructural arrangements and she was advised to ensure home delivery to the customers and also to ensure that those customers who take re-filled gas cylinders from the godown of the petitioner, are given cash and carry rebate of Rs.8 through INDSOFT. Thereafter, counselling of the petitioner was conducted and vide letter dated 8.9.2010 the appellants proposed to terminate the distributorship of the petitioner owing to irregularities caused by the petitioner-firm. The reply submitted by the petitioner was rejected by the appellants and distributorship of the petitioner was terminated on 26.12.2011 holding that the irregularities found out by the inspecting officers of the appellants were major irregularities and as per Marketing Discipline Guidelines 2001 [for brevity, “MDG-2001] and penal action was taken. It was also held that the firm was not running in terms of the legal agreement with the appellants and that was also one of the reasons for terminating the distributorship of the petitioner.

5. A detailed reply was submitted by the appellants in the writ petition contending inter alia, that Late Manish Yadav was awarded Indane Distributorship at Gadarwara, District Narsinghpur under “PH” category in 1994 and the same was commissioned under the name and style of M/s Krishna Gas Agency, Gadarwara. It was putforth that Late Manish Yadav expired on 28.8.2007 and, therefore, reconstitution proposal was received from the wife of the deceased, Smt. Keerti Yadav on 19.10.2007. The reconstitution proposal was approved subject to furnishing of the NOCs of the legal heirs of the deceased. The appellants refuted that Smt. Keerti Yadav was competent to file the writ petition on behalf of the petitionerfirm, as no NOC was provided by her and besides that, no succession documents establishing that she was the only legal heir of the deceased was furnished by her.

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