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2025 DAILYLAW 29919 (RAJ)

M/S KUSHWAH KISAN SEVA KENDRA v. EXECUTIVE DIRECTOR AND ORS

CW/10476/2012 · 2025-03-25

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:13504] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10476/2012 M/s Kushwah Kisan Seva Kendra through Proprietor through Smt. Hemlata W/o Umedi Lal, aged about 39 years, Resident of Haidalpur, Post Maloni Khurd, Tehsil Sapau, District Dholpur (Raj.) ----Petitioner Versus 1. Executive Director (Retail Sales) Indian Oil Corporation Ltd. (Marketing Division) Indian Oil Bhawan, G-9, Aliyavar Jung Marg, Bandra (E), Mumbai, Maharastra. 2. Indian Oil Corporation Ltd. through Chief Divisional Retail Sales Manager, Jaipur Divisional Office, Ashok Chowk, Adarsh Nagar, Jaipur (Raj.) 3. Sales Officer, Field Office, Indian Oil Corporation Ltd., Kuku Kansana, Gurudwara, Dholpur (Raj.) ----Respondents For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Ms. Alisha Chopra Ms. Aayushi Jain Mr. Vikram Singh for Ms. Suruchi Kasliwal HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/03/2025 1. Heard counsel for both parties on the writ petition as also on interim application (IA No.1/2025) moved by and on behalf of petitioner. 2. By means of filing instant Civil Writ Petition under Article 226/227 of the Constitution of India, a challenge has been made by petitioner to the order dated 20.03.2012 passed by Appellate Authority, affirming the order of termination of dealership dated 21.11.2011 passed by Executive Director, IOCL. [2025:RJ-JP:13504] (2 of 2) [CW-10476/2012] 3. Petitioner has moved an application (IA No.1/2025), stating inter alia, that petitioner is not interested to continue the challenge to the termination of dealership and prays to direct the IOCL to handover the vacant possession of the lease hold land over which the dealership was issued. 4. Reply to the application has not been filed by the IOCL, however, counsel appearing on behalf of IOCL, having instructions from the concerned Officer, undertakes to vacate the lease hold land of petitioner within a period of two months. 5. Since challenge to the termination of dealership has been withdrawn by the petitioner, hence, the writ petition is disposed of as having become infructuous. 6. As far as application (1/2025) is concerned, same also stand disposed of in view of the statements/verbal undertaking given by the counsel for respondents-IOCL. 7. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /233