IBP CO. LIMITED Vs. NAND KISHORE BAJPAI

JUDGEMENT

(1.) BY this common judgment we propose to dispose of all these writ petitions which are referred to us by the learned Single Judge by order dated 10th July, 2007 and also the Letters Patent Appeals arising out of the order dated 16th January, 2007 passed by the learned Single Judge disposing of the writ petitions of similar nature.

(2.) THE writ petitioners and the respondents in the appeals are either owners of land taken on lease by the oil companies for running petroleum retail outlets, Maintenance and Handling Contractors (for short 'MandH Contractors ') or ad hoc dealers who were awarded the contract for running the said outlets under supervision of the oil companies. When the oil companies sought to allot/assign the retail outlets in terms of their policy, the land owners and in some cases MandH Contractors and adhoc dealers filed writ petitions. WP(C) No.358/2007 titled Nand Kishore Bajpai and Others v. M/s. IBP Co. Limited was disposed of by the learned Single Judge by a brief order dated 16th January, 2007 holding thus:

(3.) AFTER the disposal of the aforesaid writ petition, many other writ petitions were listed before another learned Single Judge of this Court who heard arguments of the counsel appearing for the parties. Decision in the case of Nand Kishore Bajpai?s case (supra) was relied upon by the counsel appearing for the land owners/MandH Contractors in support of their contentions. After considering the facts and legal issues that arose for consideration, the learned Single Judge recorded that he has difficulty in accepting the general observations and findings of the learned Single Judge in Nand Kishore Bajpai 's Case that: The oil companies are free to deal with their contract in accordance with law but cannot assign the running of the petrol pump to a third party on the land of petitioner No.1 without the consent of petitioner No.1.