2025:UHC:10753 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/943/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Parikshit Saini, Advocate for petitioners. Mr. V.K. Kohli, Senior Advocate assisted by Mr. Kanti Ram, Advocate for the respondents. 2. Petitioner Nos. 2 and 3 are partners in petitioner No. 1 firm, which was formed for distributing LPG under the dealership agreement with Indian Oil Corporation. 3. A suit for mandatory injunction was filed against the firm by one Mr. Jaydeep, which was dismissed by Trial Court. First Appeal filed by the plaintiff too was dismissed; however, Second Appeal No. 140 of 2016, filed by plaintiff was allowed vide judgment dated 01.07.2019. Para 24 of the judgment rendered by Second Appellate Court on 01.07.2019 is reproduced below: “24. Consequently, the Second Appeal is allowed. The impugned judgment dated 28.07.2014, as rendered by the Civil Judge (J.D.), Roorkee, District Haridwar in O.S. No. 2 of 2013, Jaydeep Vs. Regional Manager and others for mandatory injunction and the judgment in Civil Appeal No. 28 of 2014, Jaydeep Vs. Regional Manager and others as rendered on 25.07.2016, by the 1st Additional District Judge, Roorkee, District Haridwar, are quashed. The Indian Oil Corporation is directed to undertake a fresh exercise for grant of distributorship licence of LPG for Gram Panchayat Churiyala, Tehsil Roorkee, District Haridwar, under the scheme which was advertised on 2025:UHC:10753 21.01.2011.” 4. By reason of the judgment rendered by learned Second Appellate Court, the dealership granted to petitioner firm was terminated. 5. It is borne from the record that SLP filed by one of the partners in the firm (petitioner No. 2), which was converted to Civil Appeal No. 2025 of 2025, decided on 21.01.2025. Judgment of said Civil Appeal is on record as Annexure-5 to the writ petition. By the said judgment, the judgment rendered by this Court in Second Appeal No. 140 of 2016 was set aside. 6. In this writ petition, petitioners have sought following reliefs: “I. Issue Writ or Order in the nature of certiorari quashing the order dated 22.01.2020, as issued by respondent no. 2 (contained as Annexure No. 4 to the writ petition). II. Issue Writ or order or direction in the nature of mandamus directing respondents to restore L.P.G. Distributorship of the petitioners under name and style, “M/s Laxhmi Indane Gramin Vitrak (Rural LPG Distributorship) Village Chudiyala (Tejupur), District Haridwar” and the termination shall be revoked forthwith by the respondents.” 7. Mr. V.K. Kohli, learned Senior Counsel appearing for Indian Oil Corporation; however, raised an objection that the reliefs claimed by petitioners cannot be granted in a writ petition and only remedy available to them is by way of filing an application under Section 144 of Code of Civil Procedure, 1908. 8. This Court finds substance in the said submission. 2025:UHC:10753 9. Since pursuant to the judgment rendered by Hon’ble Supreme Court, the Second Appeal No. 140 of 2016 has been restored to the file and the same is pending, therefore petitioners have the remedy of filing application before appropriate Court under Section 144 of Code of Civil Procedure. 10. The writ petition is, accordingly, disposed of with liberty reserved to petitioners to approach the appropriate forum. 11. Pending application(s), if any, also stand disposed of. (Manoj Kumar Tiwari, J.) 02.12.2025 Mahinder/