BABOO LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.

(2.) The petitioner by means of the present writ petition has assailed the order dtd. 15/2/2019 passed by Chief Regional Manager by which the Letter of Intent (LOI) granted to the petitioner in respect to LPG distribution at Pachvah, Allahabad has been cancelled on the ground that the petitioner has breached the terms and conditions of LOI, inasmuch as it is provided in the terms and conditions of the agreement that the petitioner shall not induct anyone as a partner except his spouse, but the petitioner has executed a registered partnership deed with Babu Lal and Geeta Devi, therefore, the petitioner has breached the terms and conditions of the LOI. Consequently, the dealership of the petitioner is being cancelled.

(3.) Challenging the aforesaid order, learned counsel for the petitioner contended that before the partnership deed dtd. 23/6/2018 by which a new partner had been inducted could be enforced and the operation of the business could commence as per the partnership deed dtd. 23/6/2018, the petitioner had terminated the partnership by publishing notice dtd. 3/10/2018 in a newspaper, namely Hindustan Sanvad on 19/1/2019. Accordingly, he submits that since the partnership deed was not implemented and no business had been carried out in the name of new partnership, therefore, there was no breach of terms and conditions of policy of LOI and the authority while cancelling the LOI has failed to consider this aspect of matter.