The main legal point established in the judgment is that when an alternative and efficacious remedy of appeal is available to the petitioner, the court may decline to entertain a writ petition.

JUDGMENT

1. The petitioner is a proprietorship firm who is engaged in the business of Retail Sales and Supply of Petroleum Products that is Motor Spirit (Petrol) and HSD through its filling and service Station situated at Akodia Road, Shujalpur Mandi, Shujalpur, District-Shajapur (M.P).

2. In the instant petition filed under Article 226 of the Constitution of India, the petitioner has sought quashment of the order of termination of dealership dated 28/9/2022 and also prayed for a direction to permit the petitioner firm to operate the retail outlets situated at Akodia Road, Shujalpur Mandi, Shujalpur District- Shajapur. A direction has also been sought to resume the sales and supply of the petroleum products to the retail outlets of the petitioner firm.

3. The respondents on Caveat appeared and raised preliminary objections regarding maintainability of the present petition on the ground of availability of alternative and efficacious remedy of appeal under Clause 8.9 of Marketing Discipline Guidelines, 2012 (in short referred to as 'MDG'). It is submitted that as per Clause 8.9 of MDG, the petitioner can file an appeal within 30 days from the date of receipt of the order before the Appellate Authority (Executive Director)(Retail Sales)(South West) Head Office, Mumbai or any Executive Director, level Officer at the Head Office so nominated by the company) through Divisional Retail Head, Indore. Thus the petitioner has an efficacious, alternative remedy of appeal available to the petitioner before the Executive Director, Retail Sales (South West Mumbai) and, therefore, petition is liable to be dismissed on the ground of availability of alternative and efficacious remedy.

4. Counsel for the petitioner submitted that the remedy provided under Clause 8.9 is not efficacious remedy because the appeal is provided before the Executive Director whereas the order of termination of dealership has been approved by the Executive Director/State Head who is holding the equivalent post of the Appellate Authority, therefore, the said remedy is not efficacious and the petitioner has no other option, but to approach this Court for redressal of grievances. The impugned order of termination of dealership has been passed by Divisional Retail Head, Indore. In the impugned order, it is mentioned that the petitioner will have right under Claue 8.9 of MDG, 2012 to appeal within 30 days from the date of receipt of the order before the Appellate Authority (Executive Director)(Retail Sales)(South West) Head Office or any Executive Director level officer at the head office so nominated by the company through Divisional Retail Head, Indore DO.

5. It is submitted that before passing the order of termination, a personal hearing was afforded by MP State Office in which ED State Head MPSO was also one of the member and, therefore, the remedy of appeal before an officer of equivalent rank would not be efficacious and fruitless.

6. To appreciate the rival contentions of counsel for the parties, it is apposite to refer the relevant appeal provisions of MDG, 2012 Clause 8.9 which reads as under :

Appellate Proceedings 1. In case of termination arising out of invocation of MDG, the dealer will have the right to appeal within a period of 30 days from the date of receipt of order, before the Appellate Authority, through the concerned Divisional/Territory/Regional Office of the Oil Marketing Company (OMC). The Appellat Authority is empowered to decide the matter and the appeal shall be disposed off preferably within 90 days from the date of filing the appeal in the Divisional/Territory /Regional office of the concerned OMC.

2. For all appeals filed by the Dealer(s) on termination of their RO dealerships due to invocation of MDG, except termination in case of SC/ST dealerships, the Appellate Authority will be the ED (Retail) in the Head Office or any other ED level officer at the Head Office, so nominated by the Company. For all cases of termination of SC/ST dealerships, the appel