SIDHU SERVICE STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a family partnership firm consisting of the widow and sons of late Sardar Modan Singh. Initially, in 1957, late Sardar Modan Singh had given a piece of land on lease to Burmah-Shell which was the predecessor-in- interest of Bharat Petroleum Corporation Limited. Subsequently, in 1973, a Dispensing Pump and Selling Licence was granted to the petitioner firm. The said dealership was located on the very same land which had been leased out by late Sardar Modan Singh.

(2.) The entire dispute in the present writ petition is with regard to the licence fee that can be charged by BPCL from the petitioner. Clause 2(a) of the Licence Agreement dated 12.2.1973 is the only Clause which requires consideration. The same reads as under:-

(3.) The main prayer in the writ petition is that the respondent BPCL be directed to charge/claim licence fee in accordance with Clause 2 (a) of the Licence Agreement dated 12.2.1973 and to give adjustment of the licence fee which has been excessively charged in contravention of the said agreement in respect of the petrol pump at 5/5, G.T. Karnal Road, Near Subzi Mandi, Azadpur, Delhi. The ancillary prayer is that the respondent BPCL be directed to charge licence fee on fixed amount on monthly basis and not to charge licence fee on the basis of turnover. An alternative prayer has also been made but, in view of the decision that is being taken, it would not be necessary to note the same.