M/S NASIR KISAN SEWA KENDRA, RETAIL OUTLET, INDIAN OIL CORPORATION LIMITED v. STATE OF U.P. AND 3 OTHERS
WRIC/1154/2025 · 2025-02-26
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6481 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6481 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27563-DB Court No. - 40 Case :- WRIT - C No. - 1154 of 2025 Petitioner :- M/S Nasir Kisan Sewa Kendra, Retail Outlet, Indian Oil Corporation Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- Anand Tiwari,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Learned counsel for the petitioner is permitted to amend the array of parties during the course of the day.
2. Heard learned counsel for the petitioner and Sri Anand Tiwari,
learned counsel appearing on behalf of Indian Oil Corporation.
3. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the non-supply of the petroleum products to the petitioner.
4. The facts of the case are that the license of the petitioner was cancelled by an order passed by the District Supply Officer, Moradabad. This order was subsequently stayed by the Commissioner, Moradabad. In light of the same, the petitioner submits that there is a clear case of restoration of the license of the petitioner and the petitioner should be allowed to sell the petroleum products. For the same, he prays that the oil company being respondent no.4 be directed to resume the supply of the petroleum products to the petitioner.
5. Learned counsel appearing on behalf of Indian Oil Corporation submits that the allegation of adulteration is a serious one and accordingly, they have stopped the supply of petroleum products to the petitioner. He further submits that the laboratory reports have not been provided by the District authorities. In light of the above
facts, he submits that the oil companies are reluctant to resume the supply of petroleum products to the petitioner as the same may be adulterated.
6. Upon perusal of the documents and the order of stay passed by the Commissioner, Moradabad, we are of the view that the
petitioner's license remains in operation and there is no cancellation of the same as the order passed by the District Supply Officer, Moradabad has been stayed. In light of the same, the Indian Oil Corporation is directed to resume the supply of the petroleum products to the petitioner. The resumption of the supply of petroleum products should take place within a week from today.
7. Keeping in mind the nature of allegation against the petitioner, we are inclined to direct the Commissioner, Moradabad to expeditiously decided the matter pending before him, preferably within a period of six weeks. We also make it clear that Indian Oil Corporation shall be at liberty to carry out any survey/ check in accordance with their rules and regulations.
8. With the above directions, the writ petition is disposed of.
Order Date :- 27.2.2025 Mohini (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad