Neutral Citation No. - 2025:AHC-LKO:14163-DB Court No. - 9 Case :- WRIT - C No. - 1871 of 2025 Petitioner :- M/S Shadipur Indane Gramin Vitrak Unnao Thru. Proprietor Chandra Prakash And 2 Others Respondent :- U.O.I. Thru. Secy. Ministry Of Petroleum And Natural Gas New Delhi And 4 Others Counsel for Petitioner :- Anand Mani Tripathi,Kapil Kumar Yadav Counsel for Respondent :- A.S.G.I.,Kumar Sambhav Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard Sri Anand Mani Tripathi, learned counsel for the petitioners and Sri Kumar Sambhav, learned counsel appearing on behalf of opposite party Nos.2, 3 and 4- Indian Oil Corporation Ltd. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 04.02.2025 issued/ passed by opposite party no.3, contained as Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of mandamus commanding/ directing the opposite parties to allow the petitioners to distribute the LPG Cylinders without any hindrance, in the interest of justice. III. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no.5 to renew the license bearing No. G/CC/UP/06/3372 (G37536) of the petitioners in accordance with law." 3. It has been submitted by learned counsel for the petitioners that the petitioners applied for Rajeev Gandhi Gramin LPG Vitrak (RGGLV)/distributorship for village Shadipur in open category in pursuance of the advertisement issued by the Indian Oil Corporation Ltd. and the distributorship was given to him only after a civil suit was filed wherein interim injunction was granted in his favour. 4. He made an application for renewal on 29.09.2024 which has remained pending, in the meantime, the opposite party No.5 has issued a letter on 13.10.2014 to the petitioner alleging certain irregularities in the operation of the godown. The opposite party No.5 on 06.11.2024 has directed the petitioner to submit an explanation regarding a compliant made by one Smt. Keval Kishori. The petitioner replied to the said letter on 11.12.2024. The petitioner also filed a writ petition before this Court against the said show cause notice in Writ-C No.10885 of 2024 and this Court was pleased to pass an order on 02.01.2025 disposing of the writ petition directing the petitioner to submit his reply within ten days from the date of the order and in case such reply is submitted, the same shall be considered and a decision taken thereon and communicated to the petitioner at the earliest. In case, such decision has already been taken, the same shall also be communicated to the petitioner within ten days. 5. It has been submitted that the petitioners in compliance of such order had submitted his reply/application on 13.01.2025. The respondents without considering the reply of the petitioners has passed the order dated 04.02.2025 suspending the distributorship of the petitioners for a period of three months. 6. This suspension of distributorship is nowhere provided in the licence agreement entered into between the parties. 7. Sri Kumar Sambhav, learned counsel appearing on behalf of opposite party Nos.2, 3 and 4- Indian Oil Corporation Ltd. has pointed out paragraph 7 of the licence agreement filed along with the writ petition at internal page 31 of the paper book. It has been submitted that the 'No Objection Certificate' from the Statutory Authority concerned for storing LPG Cylinders has expired and renewal of the petitioners is pending. The Oil Company is duty bound to respect the Government notification with regard to non supply, in case, no such NOC/permit is available with the distributor concerned. 8. The counsel for the petitioners has stated that this may have been a ground to stop supply but it cannot be a ground to suspend the distributorship altogether for a period of three months as is evident from the order dated 04.02.2025 for suspension of distributorship, there is no provision. 9. The counsel appearing on behalf of Oil Company could not rebut such argument but has pointed out paragraph 27 of the licence agreement wherein the oil company has been given the discretion to terminate the Agreement, in case, of violation of condition laid out there. While pointing out many relevant provision in the lincence agreement, he says that there are provisions in the guidelines issued for oil company to give such distributorship. 10. Be that as it may, we find that the opposite party No.5- Joint Chief Controller of Explosives, Petroleum and Explosives Safety Organization, A-Wingh, IInd Floor, Kendralaya, 63/6, Sanjay Place, Agra, Uttar Pradesh is still seized of the renewal application made by the petitioners which allegedly has been filed within time. A direction is issued to the opposite party No.5 to decide such application within a period of two weeks from the date a copy of this order is produced before him. 11. Since the petitioner has already replied on 11.12.2024 and thereafter submitted an application on 13.01.2025, we direct the opposite party No.4- Divisional LPG Sales Head, Indian Oil Corporation Ltd., Kanpur Indane Division Office (Marketing Division) Kalpi Road, Panki District Kanpur to take an appropriate decision on the reply submitted by the petitioner on 11.12.2024 and the application made on 13.01.2025 within a period of two weeks from the date of copy of this order is produced before him. 12. This writ petition itself is disposed of with the direction to the opposite party No.4 to take a decision on the representation/application made by the petitioner within a period of four weeks from the date a copy of this order is produced before him. Order Date :- 7.3.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench