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2026 DAILYLAW 8676 (KAR)

SMT. SABAH AZEEZ v. THE INDIAN OIL CORPORATION LIMITED

WP/8826/2022 · 2026-04-01

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17833 WP No. 8826 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8826 OF 2022 (GM-RES) BETWEEN: SMT. SABAH AZEEZ W/O LT.AZHAR NADEEM R/AT. MIG 02, 11/A 2ND STAGE, KUVEMPU NAGARA HASSAN ALSO AT NO.2A CROSS ROYAL RESIDENCY GROUND FLOOR SULTAN PALYA R.T.NAGAR BENGALURU -560 032 …PETITIONER (BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE) AND: THE INDIAN OIL CORPORATION LIMITED., MARKETING DIVISON INDANE AREA OFFICE IV FLOOR, UNITY BUILDING JCW ROAD BENGALURU -560 002 REP BY ITS DIVISIONAL LPG STATE HEAD …RESPONDENT (BY SRI.VACHAN H.U., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17833 WP No. 8826 of 2022 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT CORPORATION TO CONSIDER THE REPRESENTATION DATED: 01.04.2022 AS PER ANNEXURE-A IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed the seeking the following prayer. "Wherefore, it is just and necessary that, this Hon'ble Court may graciously be pleased to: A. Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondent Corporation to consider the representation dated 01.04.2022 as per Annexure-A in accordance with law. B. Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondent corporation to revoke the permission granted to the Mrs. Mariya to run the National Gas Agency and permit the petitioner to administer/manage the affairs of the said Agency henceforth. C. Grant such other relief or reliefs as this Hon'ble Court deems fit in the ends of justice." 2. The case of the writ petitioner is that her husband late Azhar Nadeem was a Proprietor of the National Gas Agency, Hassan. The said agency was under the distributorship - 3 - HC-KAR NC: 2026:KHC:17833 WP No. 8826 of 2022 of the respondent Corporation as per the Distributorship agreement dated 01.03.2017. The petitioner's husband died on 11.05.2021 leaving behind the petitioner and her children and she being the legal heir. She has approached the respondent Corporation to permit her to continue with the proprietorship/affairs of the National Gas Agency. At that time she came to know that one Smt. Mariya being stranger has started claiming to be the wife of her husband late Azhar Nadeem. It is stated that the Corporation had issued several notices to the petitioner, her father-in-law and the alleged Smt. Mariya to come forward and pay the credit facility availed by the late Azhar Nadeem and further to ensure that they enter into Reconstitution Deed as per the terms of the Distributorship Agreement and also directed to pay the outstanding amount. Later petitioner came to know that the said Mariya has fabricated and created documents to establish herself as wife of late Azhar Nadeem. The petitioner through her reply has brought this to the notice of the respondent Corporation about the conduct and modus-operandi. It is stated that the Mariya has one daughter and one son. But in the birth certificate of the children, the name of the father is something else. But in spite - 4 - HC-KAR NC: 2026:KHC:17833 WP No. 8826 of 2022 of the same, the respondent Corporation has granted the ad- hoc dealership to the said Mariya. Aggrieved thereby, the petitioner is before this Court. 3. Learned counsel for the petitioner submits that the petitioner is ready to pay whatever is the outstanding amount and there may be a direction to the respondent Corporation to transfer the dealership in favour of the petitioner, who is a legally wedded wife of late Azhar Nadeem. 4. Learned counsel appearing for the respondent submits that when the petitioner making allegations and also seeking cancellation of ad-hoc dealership, she has not made the said lady as a party respondent to this writ petition. It is submitted that the petition has sought for two prayers. As far as first prayer is concerned, in fact, they have communicated to them. If the Court passes an order, again they will consider the representation in accordance with law. As far as the second prayer is concerned, it is submitted that they have granted the ad-hoc dealership for a short period and it is ad-hoc allotment and that period is already elapsed. As of now, neither the petitioner nor one Smt. Mariya are running the Gas Agency. It - 5 - HC-KAR NC: 2026:KHC:17833 WP No. 8826 of 2022 is submitted that in view of the same, the writ petition may be disposed of. 5. Having heard the learned counsels on either side, perused the material on record. The first prayer with regard to the representation of the petitioner dated 01.04.2022 is concerned, the petitioner has given a representation after the demise of her husband and the respondents ought to have considered the same in accordance with law. Hence, there shall be a direction to the respondent to consider the representation. Coming to the second prayer, as ad-hoc allotment in favour of Smt. Mariya is already expired and as of now, nobody is running the Gas Agency. That prayer does not survive for consideration before this court. 6. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of directing the respondents to consider the representation dated 01.04.2022 after giving due opportunity to one Smt. Mariya in accordance - 6 - HC-KAR NC: 2026:KHC:17833 WP No. 8826 of 2022 with law within a period of four weeks from the date of receipt of the copy of the order. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 42