Advocates:
['AKHILESH KUMAR', '', 'SHIV NATH SINGH', 'RAJ KUMAR KHANNA', 'AMBER KHANNA', 'C S C', '', 'PRAKASH PADIA', 'ANAND TIWARI', 'PANKAJ SAKSENA', 'RAKESH KUMAR', 'ISHAN SHISHU']

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Reserved on:-05.02.2021

Delivered on:-12.03.2021

Court No. - 39

Case :- WRIT - C No. - 13514 of 2018

Petitioner :- Virendra Pal And Another

Respondent :- State Of U.P. And 6 Others

Counsel for Petitioner :- Akhilesh Kumar,Amber

Khanna,Raj Kumar Khanna,Shiv Nath Singh

Counsel for Respondent :- C.S.C.,Anand Tiwari,Ishan

Shishu,Pankaj Saksena,Prakash Padia,Rakesh Kumar

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Jayant Banerji,J.

Heard Sri R.K. Khanna, learned counsel for the

petitioners and Shri Anand Tewari, learned counsel for the

respondent-Corporation. Shri Pankaj Saxena appears on behalf

of the respondent no. 7.

By means of the present writ petition, the petitioners

seek for quashing of the order dated 09.01.2018 passed by the

respondent No.4, Deputy General Manager, (LPG Sales),

Indian Sub-Divisional Officer, Indian Oil Corporation,

Bareilly, Area office, Bareilly.

Further prayers in the writ petition are as under:-

“(ii) Issue a writ, order or direction in the nature of

mandamus, commanding and directing the respondents to re-

constitute the proposal of Partnership Deed of the petitioner

No.1 and the name of the petitioner No.2 may be added in

place of Ex wife of the petitioner, namely Smt. Priti

Srivastava (Respondent No.7.)

(iii)

Issue a writ, order or direction in the nature of

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mandamus commanding the respondents to re-start the

proper supply of LPG for the petitioner's firm.”

Brief facts relevant to decide the controversy are

that the petitioner No.1 namely Virendra Pal had applied and

submitted application form for allotment of Rajiv Gandhi

Gramin LPG Vitrak distributorship (RGGLV) in the open

category at Bhamora, Tehsil Aonla District Bareilly under an

advertisement dated 17.10.2009 issued by the Indian Oil

Corporation Limited. After selection by an interview, letter of

intent had been issued to the petitioner No.1 on 08.02.2011.

Few pre-conditions set out in the letter of intent for

commissioning of distributorship are relevant to be extracted

hereunder:-

“(i)

Operate the RGGLV personally. However you will

induct your spouse who will be co-owner as 50% partner.

(ii)

Shift your residence to Bhamora (if you are

presently staying away from the location) in order to

personally operate the RGGLV as stated para 3.3. above and

give us a written undertaking to this effect.

(iii)

If already employed, you will have to submit

acceptance of resignation letter from your employer prior to

the issuance of Appointment Letter by us.”

(iv) You will have to undergo training on RGGLV operation

for one of two weeks after which you will have to take a quiz.

Your score should not be less than 80% marks. Failing which

you will have to again undergo re-training so that you can

score minimum 80% marks.

(v) After you have complied with the conditions spelt out

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herein above, you will be confirmed/formalized by an

Appointment Letter followed by the signing of our standard

RGGLV Agreement by both you and us.

(vi) You will be required to deposit interest free refundable

security deposit of Rs.2 lakhs. We will have the right to adjust

any dues to us from this amount at the time of

resignation/termination. However, in case of termination of

the RGGLV on account of proven malpractice, the said

security deposit shall be forfeited.”

It was further provided that after compliance of the

conditions spelt out in the letter of intent including those

extracted above, commissioning of distributorship would be

confirmed/formalized by an appointment letter followed by

the signing of the standard agreement between the Corporation

and the selected person/petitioner herein.

The letter of appointment dated 28.11.2011 was,

thereafter, issued on fulfillment of the conditions in the letter

of intent. It was indicated therein that as per the terms of the

advertisement and the letter of intent, the spouse of the

petitioner would be 50