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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

WRIT PETITION No.5353 OF 2009

M/s. Parmanand & Holaram Chawla,

A registered partnership firm,

Through its Partner,

Rajesh Chawla, Aged about 35 years,

Occupation : Business,

R/o. Alsi Plot, Akola,

Tq. and District Akola.

: PETITIONER

...VERSUS...

1. State of Maharashtra,

Food, Civil Supply and C.P. Department,

Through its Principal Secretary,

Mantralaya, Extension, Mumbai-32.

2. District Supply Officer,

Washim, District Washim.

3. Chief Divisional Retail Sales Manager,

Indian Oil Corporation Limited,

Akarshan Busyplex,

26, Central Bazar Road,

Ramdaspeth, Nagpur.

: RESPONDENTS

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Shri C.S. Kaptan, Senior Advocate with Shri P.S. Chawhan,

Advocate for Petitioner.

Shri D.P. Thakare, Additional Government Pleader for

Respondent No.1.

Shri Rohit Joshi, Advocate for Respondent No.3.

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CORAM : A.S.Chandurkar

And

Urmila Joshi-Phalke, JJ

.

DATE : 21

^st June, 2022.

ORAL JUDGMENT : (Per : Urmila Joshi-Phalke, J.)

1.

Rule. Rule made returnable forthwith.

2.

The petitioner is the registered partnership firm

engaged and carrying on business of holding of dealership of

kerosene. The petitioner was appointed as a dealer by the

respondent No.3 for the area of operation initially for

undivided Akola district. The dealership of the petitioner

since from 1963 having blemishless record. In the year 1998

the Akola District was divided as Akola and Washim. The

competent authority has already granted and issued necessary

licence to the petitioner for the area of operation of undivided

Akola district. To continue with the area of operation to deal

and transact with kerosene by the petitioner and to avoid any

complications respondent Nos.2 and 3 issued a

communication to the respondent No.2 for the purpose of

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release of SKO in Washim district by the petitioner itself. On

23.11.2004 the respondent No.2 had issued a letter to the

respondent No.3 seeking information about any appointment

of new dealer in the Washim district. Accordingly, on

27.11.2004 respondent No.3 informed that as on date the

company do not have any marketing plan for appointment of

any SKO Agent in Washim district and informed to the

respondent No.3 to release allocation/licence in favour of the

petitioner. Accordingly, fresh licence for Washim district was

issued in favour of the petitioner on 6.12.2004. The said

licence is at Annexure-A. The respondent No.3 based on its

decision on 10.1.22008 suddenly discontinued the SKO supply

with immediate effect on the basis of directives issued by

respondent No.1. In view of this guidelines, an allocation of

Washim district and the area of operation for Washim district

was not continued and commenced. Therefore, petitioner

immediately approached to the respondent No.1 and made a

representation for clarification about the policy relating to

SKO dealership in respect of bifurcated district. On 5.6.2008

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the petitioner approached with the respondent No.1 and made

representation about the original area of operation of the

petitioner of undivided Akola district. The respondent No.1

explained the position that the directives given as per the

letter dated 10.1.2008 is not applicable to the present

petitioner and, therefore, the petitioner as a dealer is entitled

for the allocation of kerosene for the revised area operation of

Akola district and Washim district also. It is the contention of

the petitioner that by communication dated 19.6.2008 the

respondent No.1-State of Maharas