LAWS(DLH)-2011-12-143

PARMOD MALIK Vs. UNION OF INDIA

Decided On December 16, 2011
PARMOD MALIK Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) FOUR writ petitions, three of which were filed by appellants Parmod Malik, Roshal Lal & Anr. and Virender Singh, have been dismissed by the learned Single Judge vide impugned order dated October 12, 2011. Appellant Parmod Malik had sought quashing of the Notification dated 06.09.2006 and as a result prayed that IBP Company be restrained from terminating the supply of petroleum products to him with respect to the sales outlet on Panipat-Sanouli Road. Alternatively it was prayed that if the first relief was not granted, the oil company be directed to surrender 8094 sq.mtr. land leased by him to the oil company. Appellant Roshan Lal and co-appellant Surender Gupta have likewise made prayers similar to the prayers made by Parmod Malik. Appellant Virender Singh had pleaded pari materia with the writ petition filed by Parmod Malik and has sought similar relief.

(2.) THE learned Single Judge has held that the issue raised in the writ petitions was squarely covered by a decision of a Division Bench of this Court reported as 147 (2008) DLT 764 (DB) IBP Company Ltd. Vs. Nand Kishore Bajpai & Ors.

(3.) THE decision of the Division Bench commences its journey by noting in para 2 of the decision, that the writ petitioners were either land owners who had leased land to oil companies for running petroleum retail outlets and were appointed Maintenance and Handling Contractors (M&H Contractors) or were ad-hoc dealers running the outlets on contract but under supervision of the oil companies.