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2025 DAILYLAW 91744 (ALL)

KUMARI PRAMILA v. INDIAN OIL CORPORATION LIMITED AND 2 OTHERS

WRIC/29630/2024 · 2025-01-24

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12919-DB Court No. - 40 Case :- WRIT - C No. - 29630 of 2024 Petitioner :- Kumari Pramila Respondent :- Indian Oil Corporation Limited And 2 Others Counsel for Petitioner :- Deep Narayan,Indrasen Singh Tomar Counsel for Respondent :- Devi Shanker Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the petitioner and Sri Devi Shanker Shukla, learned counsel appearing on behalf of the respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by orders dated January 2, 2024 and April 1, 2024 whereby the application of the petitioner for grant of retail outlet dealership was rejected on the ground that the land offered by the petitioner was not leased by all the co-owners/co-sharers of the property in question. 3. Upon a perusal of the documents it appears that one Shashikant who is also the co-sharer of the property in question has not leased the property to the petitioner and only an affidavit has been provided by him. Furthermore, from a perusal of the terms and conditions of the dealership agreement, it is clear that all the co-owners shall have to provide lease. This having been the position, we do not find any arbitrariness or mala fide action on the part of the respondents. 4. Ergo, the writ petition is dismissed. Order Date :- 24.1.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad