The petitioner challenged the cancellation of his LPG dealership allotment, alleging discrimination since the policy allowed a 15-kilometer radius for city areas but required village locations for remote areas. The Court found a nexus with the policy and dismissed the petition.
The writ petition is dismissed.
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(16)-WP-5250-18.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5250 OF 2018
Nikhil Kashinath Salgonda Versus
Indian Oil Corporation Ltd., and another
..Petitioner
..Respondents
Mr. Umesh H. Pawar, Advocate for the Petitioner.
Mr. Sunil Gangan a/w Mr. Jayesh Mestry I/by RMG Law Associates, Advocate for the Respondents.
CORAM : B. R. GAVAI & M. S. KARNIK, JJ. DATE : 4th SEPTEMBER, 2018
P.C.
1] The Petitioner has approached this Court being
aggrieved by the cancellation of the selection of the Petitioner for LPG dealership. The Petitioner was shortlisted for allotment of the LPG dealership in remote area (Durgam Kshetriya Area) for village Borgaon, Taluka Akkalkot, District Solapur. However, on spot verification, it was found that the land belonging to the Petitioner was not situated in the Borgaon village and as such, allotment was cancelled.
2] Learned counsel for the Petitioner submits that there is a
discrimination in the policy of the Respondents. It is submitted that
BGP. 1 o f 2
(16)-WP-5250-18.doc .
in so far as the city areas are concerned, it is permissible that the godown can be situated within area of 15 kilometers. However, for difficult areas, the godown has to be in the same village.
3] Undisputedly, the Petitioner's premises is not in the village for which advertisement was published for. In so far as the discrimination is concerned, in the city area, it is difficult to have a
godown in the city area and therefore the policy provides a godown within a radius of 15 kilometers from the location offered in the city. However, in so far as the the village areas are concerned, the location of the godown has to be within the area of village concerned, the purpose of providing for LPG dealership in the village is that the residents of the villages are provided with the facility without any delay.
4] As such, it cannot be said that there is no nexus with the
policy of having godowns in the same village. We do not find that
case is made out for interference. The Petition is therefore
Digitally signed by Balaji Balaji Govindrao Govindrao Panchal Panchal Date: 2018.09.11 10:38:35 +0530
dismissed.
[M. S. KARNIK, J.] [B. R. GAVAI, J.]
BGP. 2 o f 2
2 issues framed by the court
Whether there is discrimination in the respondent's policy allowing godowns within 15 kilometers for city areas but mandating locations within the village for remote areas.
Whether the petitioner, whose land was not in the advertised village, is entitled to relief against the cancellation of his LPG dealership allotment due to alleged policy disparity.
Nikhil Kashinath Salgonda
Indian Oil Corporation Ltd.
B. R. Gavai
M. S. Karnik
As recorded by the court registry
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