The High Court held that the petition abated upon the death of the petitioner. The court ruled that the widower could not enter into the application as the deceased petitioner was not already a licensee or issued an LOI.
Petition abated; pending civil applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
905-WP-1093-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.1093 OF 2020 WITH CA/3126/2021 IN WP/1093/2020 WITH CA/3125/2021 IN WP/1093/2020
MUKTA ANAND KENDRE
VERSUS
GOVERNMENT OF INDIA THROUGH MINISTRY OF PETROLEUM AND NATURAL GAS AND ANOTHER
Advocate for Petitioner : Mr. Jadhavar Santosh S. Standing Counsel for Respondent No.1 : Mr. R. R. Bangar Advocate for Respondent No.2 : Mr. A. P. Bhandari
CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.
DATE : 29th SEPTEMBER, 2021
PER COURT :
prayer clause ‘B’ and ‘C’, which read as under :-
“B) By issuing writ of certiorari or any other appropriate writ, order or direction, the Order / letter dated 07.01.2020 issued by respondent No.2, holding petitioner as ineligible for RO Dealership at ‘On SH 217 Haknakwadi from Udgir to Shirurtajband Road between KM Stone No.221 to 219’ may kindly be quashed and set aside.
C) By issuing writ of mandamus or any other appropriate writ, order or direction, the respondent No.2 may kindly be directed to hold petitioner as eligible for
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RO Dealership for location ‘On SH 217 Haknakwadi from Udgir to Shirurtajband Road between KM Stone No.221 to 219’ and respondent No.2 may kindly be further directed to issue Letter of Intent in favour of the petitioner.”
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“ 7. SPOUSE AS CO-OWNER
In case of individual applicants, applying as Sole proprietor, his/her spouse (i.e. wife/husband) will be made a partner with a share of 50%, after the issuance of LOI, unless the spouse is already gainfully employed and/or do not wish to be made a partner. If the applicant is unmarried/divorcee/widow/widower at the time of issuance of LOI, he/she will be required to give an undertaking that as and when he/she gets married, his/her spouse will be made a partner unless the spouse is already gainfully employed and/or do not wish to be made a partner. Spouses will be considered for partnership irrespective of any need to satisfy the eligibility criteria for dealer selection. However, they should fulfill the provisions on multiple dealership norms, conviction clause and the condition that they were not a signatory to a terminated dealership/distributorship for proven malpractices etc. In case the spouse is being made partner, then a separate affidavit (as per Appendix XA ) from the Spouse, proposed partnership deed and other necessary documents be taken before induction as partner/issuance of LOA. Provisions of Reconstitution policy are not applicable for induction of Spouse as Coowner (a) before issue of letter of Appointment for married applicants/allottees or (b) within one year of marriage in other cases.
For making spouse as partner a letter as per Appendix II A along with an Affidavit from the Spouse as per Appendix II B will be taken after award of LOI and necessary documentation with respect to Registration of Partnership deed, etc. will be completed by the applicant(s) prior to issuance of LOA. Dealership
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agreement will be signed with both the partners and LOA will be issued.
In case the spouse does not wish to become a partner for any reason including she/he being gainfully employed, Affidavit as per Appendix II B should be obtained for records.
Applicants are not permitted to enter into partnership with anyone than their spouse under the above mentioned clause”
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drawn that he has inherited the application/form filed by the deceased petitioner. We do not find that the phraseology used in clause 7 could be stretched this far.
SVH
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1 issue framed by the court
Whether the petition abates following the death of the petitioner before the issuance of the Letter of Intent.
MUKTA ANAND KENDRE
GOVERNMENT OF INDIA THROUGH MINISTRY OF PETROLEUM AND NATURAL GAS
RAVINDRA V. GHUGE
S. G. MEHARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
