This court dismissed the writ petition challenging the termination of a dealership. It held that since an alternative remedy of departmental appeal was available against the termination order, no case for interference under Article 226 of the Constitution was made out. The petition was dismissed.
The writ petition is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4176/2023
M/s Gayatri Filling Station, Harsawa, Tehsil Fatehpur, District Sikar-Rajasthan Through Its , Proprietor Jyoti Swaroop Agarwal S/o Sh. Sanwar Mal Agarwal Chokhani Aged About 42 Years, R/o Ward No. 28, Podar Gate, Tehsil Nawalgarh, District Jhunjhunu Rajasthan
----Petitioner
Versus
Limited, Sikar-I, Region Sikar, Divisional Office- Indian Oil Corporation Limited, Ist Floor, Lic Investment Building, Phase-Ii, Near Ambedkar Circle, Bhawani Singh Road, Jaipur (Raj.)
----Respondents
| For Petitioner(s) | : Mr. Jyoti Swaroop Agarwal is appearing on behalf of the petitioner. |
|---|---|
| For Respondent(s) | : Mr. Sudhanshu Arora and Mr. Ashish Tiwari are appearing on behalf of the respondents. |
(2 of 2)
[CW-4176/2023]
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
13/03/2023
Mr. Sudhanshu Arora and Mr. Ashish Tiwari are appearing on behalf of the respondents submits that they have filed reply today in the Office.
At this stage, Mr. Jyoti Swaroop Agarwal is appearing on behalf of the petitioner present in person wants to argue the case finally.
By this writ petition, the petitioner has challenged the order dated 17.02.2023 passed by the respondents whereby the dealership of the petitioner has been terminated by the respondents.
Admittedly, as mentioned in the order dated 17.02.2023, the petitioner is having the alternative remedy of departmental appeal against the order dated 17.02.2023.
In that view of the matter, since the petitioner is having the alternative remedy of appeal against the termination order dated 17.02.2023, therefore, no case is made out for interference by this Court under Article 226 of the Constitution of India.
Hence, the present writ petition stands dismissed.
(INDERJEET SINGH),J
Upendra Pratap Singh /132
1 issue framed by the court
Whether the High Court can interfere under Article 226 when an effective alternative remedy of departmental appeal exists against the termination of dealership order.
M/s Gayatri Filling Station
Executive Director And State Head, Rajasthan State Office, Indian Oil Corporation Ltd
Deputy General Manager (Retail Sales), Divisional Office Indian Oil Corporation Limited
Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited
Assistant Manager (Retail Sales), Indian Oil Corporation Limited
Inderjeet Singh
As recorded by the court registry
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