The petition for issuance of writ of mandamus to cancel a petrol dealership allotment and direct a new one was dismissed as no interim order existed during the twelve-year period allowing the operation in favor of opposite party No. 4.
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W.P.(C) No.14996 of 2007
This Writ Petition involves the following prayer:
“ P R A Y E R
Under aforesaid facts and circumstances, it is humbly and most respectfully prayed that this Hon’ble Court may be graciously pleased to issue a Writ or Writs in the nature of a Writ of Mandamus, thereby directing the Opposite Parties Nos.1 to 3-authorities to cancel the allotment of Petrol Retail Outset/Dealership already issued in favour of the O.P.No.4 and to allot the same in favour of the present petitioner;”
Looking to the prayer involved herein and looking to the order passed by this Court on 14.2.2018 while admitting the matter, this Court finds, while issuing notice this Court has not passed any interim order involving allotment of Petrol Retail Outlet/Dealership issued in favour of the opposite party no.4 and there is even no conditional attachment involving operation of the Petrol Retail Outlet/Dealership. In the meantime, twelve years have already passed. For the establishment of the retail outlet twelve years back and there being no interim order prohibiting or at least attaching any condition therein involving operation of the Petrol Retail Outlet, this Court finds no scope for interfering with the impugned order.
Accordingly, this Writ Petition stands dismissed.
(Biswanath Rath, J.)
…….…………………
Ayas
2
Petitioner
Opposite Party No.1
Opposite Party No.2
Opposite Party No.3
Opposite Party No.4
Biswanath Rath
As recorded by the court registry
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