Indian Oil Corporation Limited vs Smt. Ashwini W/O Siddarth Sonnad
2022 Latest Caselaw 616 Kant

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH

       DATED THIS THE 13TH DAY OF JANUARY 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT

                         AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            W.A. No.100274/2021 (GM-RES)

BETWEEN

1.    INDIAN OIL CORPORATION LIMITED
      (A GOVERNMENT OF INDIA ENTERPRISS)
      G-9, ALI YAVAR JUNG MARG,
      BANDRA (EAST)
      MUMBAI 400051,
      MAHARASHTRA STATE,
      HEREIN REPRESENTED BY ITS
      CHIEF DIVISIONAL RETAIL SALES MANAGER

2.    INDIAN OIL CORPORATION LIMITED
      (MARKETING DIVISION)
      BELAGAUM DIVISION OFFICE,
      KHANAPUR ROAD,
      TILAKWADI, BELAGAVI 590006,
      REPRESENTED BY ITS
      CHIEF DIVISIONAL RETAIL SALES MANAGER
                                           ...APPELLANTS
(BY SRI.C V ANGADI, ADVOCATE)

AND

1.    SMT. ASHWINI
      W/O SIDDARTH SONNAD
      AGE. 32 YEARS,
      OCC. HOUSEHOLD WORK,
                             2



       R/O. 503/22, AMARNATH BUILDING,
       ASHOK NAGAR,
       NIPPANI, TQ. CHIKODI,
       DIST. BELAGAVI 591 237.

2.     UNION OF INDIA
       MINISTRY OF PETROLEUM
       AND NATURAL GAS,
       SHASTRI BHAVAN,
       NEW DELHI 110001.
       REPRESENTED BY
       DEPUTY SECRETARY (LPG).
                                            ...RESPONDENTS
(BY SRI.RAMESH I ZIRALI, ADVOCATE)

      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO,
ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED
06.09.2021 PASSED IN WP.NO.115859/2019 (GM -RES) AND
TO DISMISS WP NO.115859/2019 (GM-RES).

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ANANT RAMANATH HEGDE J.,
DELIVERED THE FOLLOWING:

                       JUDGMENT

The appellants are laying challenge to the order

dated 06.09.2021, passed by the learned Single Judge in

Writ Petition No.115859/2019.

2. Appellants are the respondents No.2 and 3 in

Writ Petition No.115859/2019 filed by Smt.Ashwini

Sonnad. Appellant No.2 in this case was respondent No.13

in Writ Petition No.113054/2019 filed by Sri.Suraj S/o

Kantilal Rathod @ Shaha. Both the respective petitioners in

Writ Petition Nos.113054/2019 and 115859/2019 claim

eligibility to run rural retail outlet of Indian Oil Corporation

under OBC category.

3. The learned Single Judge in terms of common

order dated 06.09.2021 has allowed both the petitions. By

allowing writ petition No.113054/2019 filed by Sri.Suraj

Rathod, learned Single Judge has set-aside the order dated

29.7.2019 marked at Annexure-A to the writ petition and

remitted the matter to the jurisdictional Tahasildar to

consider the claim of Smt.Ashwini relating to her

residence, after affording an opportunity of hearing to both

Sri.Suraj Rathod and Smt.Ashwini.

4. Learned Single Judge has allowed

W.P.No.115859/2019 and quashed the impugned order

dated 11.11.2019 and directed the present appellant No.2

to reconsider the application submitted by Smt.Ashwini

after the application of Smt.Ashwini seeking residential

certificate is decided by jurisdictional Tahasildar.

5. In Writ Petition No.113054/2019, the

petitioner Sri.Suraj Rathod has questioned the order

passed by the appellate authority, wherein the appeal of

Smt.Ashwini is allowed by the appellate authority and she

was issued a residential certificate which is the

requirement for her to apply for the dealership of Indian

Oil Corporation.

6. Writ Petition No.115859/2019 is filed by

Smt.Ashwini, wherein Indian Oil Corporation has rejected

her claim of possessing necessary eligibility to apply for

dealership of rural retail outlet.

7. The learned Single Judge has recorded a

finding that the eligibility certificate based on residence of

Smt.Ashwini was subject matter of dispute between

Smt.Ashwini and Sri.Suraj Rathod in earlier round of

litigation. Having noticed this fact, the learned Single

Judge has come to the conclusion that the jurisdictional

Tahasildar while issuing the residential certificate to

Smt.Ashwini, passed the order without hearing Sri.Suraj

Rathod and on this premise has set aside the order issuing

residential certificate in favour of Smt.Ashwini and

remitted the matter to the jurisdictional Tahasildar to

consider the case afresh in accordance with law.

8. In the same impugned order the learned Single

Judge has also set aside the order passed by the Indian Oil

Corporation rejecting the financial eligibility criteria

claimed by Smt.Ashwini. Learned counsel for the

appellants would contend that the appellants are only

concerned with the order passed in writ petition

No.115859/2019 and would submit that this order is

passed without assigning any valid reasons.

9. The learned single judge has observed that this

financial eligibility criteria is required to be considered after

the order relating to residential certificate is passed by the

jurisdictional Tahasildar while setting aside the order

passed by the appellants rejecting the financial eligibility

criteria of Smt.Ashwini. The learned Single Judge in terms

of paragraph No.8 of the impugned order has kept all

contentions open and has not expressed anything on the

merits/demerits of the rival contentions of the parties.

Hence no adverse finding is given against the appellants.

We feel that it is not a fit case to interfere with the order

passed by the learned Single Judge in this intra court

appeal filed under section 4 of the Karnataka High Court

Act.

10. Accordingly, the appeal is dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

sh