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2025 DAILYLAW 61226 (ALL)

KRISHNA KUMAR v. INDIAN OIL CORPORATION LIMITED AND 2 OTHERS

WRIC/16327/2025 · 2025-05-20

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85762-DB Court No. - 40 Case :- WRIT - C No. - 16327 of 2025 Petitioner :- Krishna Kumar Respondent :- Indian Oil Corporation Limited And 2 Others Counsel for Petitioner :- Yash Padia Counsel for Respondent :- Shrey Sharma Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This petition has been filed seeking to assail the order dated October 11, 2024 passed by respondent no.2 whereby the claim of the petitioner for allotment of retail outlet dealership has been rejected on the ground that land in question has not been leased by all the co-owners. 3. It is pointed out that in earlier round of litigation, that is, in Writ - C No.10374 of 2024 (Krishna Kumar vs. Indian Oil Corporation Limited And 2 Others) the learned counsel appearing on behalf of the Indian Oil Corporation Limited on the basis of instructions has categorically submitted that the land which has been leased out to the petitioner belongs to a single owner. 4. Learned counsel appearing on behalf of the respondent/Indian Oil Corporation Limited has not disputed this fact. 5. In view of the aforesaid, since order impugned has been passed on the reasons which is contrary to records the same cannot be legally sustained. Accordingly, the impugned order dated October 11, 2024 is quashed and set aside. The respondent/Indian Oil Corporation is directed to pass a fresh order after granting an opportunity of hearing to the petitioner and respondent no.3 within a period of eight weeks from date. 6. With the above directions, the writ petition is disposed of. Order Date :- 21.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad