PROPRIETOR, BHAWNA SERVICE STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner who was granted licence for the allotment of retail outlet of Indian Oil Corporation under the defence category in the month of February, 1993. However, he could not establish the petrol pump in Mhow Cantonment as he could not obtain a piece of land for the purpose of running of such outlet. He therefore started petrol pump just outside cantonment area i.e. Dongergaon ( Mhow ) about 20 years ago and it has been running. Till such time, his license was terminated and against which he is before us in another writ petition.

(2.) He assailed the permission granted by the respondents to Sanjay Auto Services who were also similarly granted license by Indian Oil Corporation for running petrol pump in Mhow Cantonment somewhere in 1927 and who had been running petrol pump in Mhow Cantonment since then. However, after original lease had expired, the said respondent wanted to shift the petrol pump at some other place in cantonment area and for which, respondent nos. 1 to 4 granted a lease for some other place for shifting the petrol pump in favour of respondent no. 7 who is of course a civilian.

(3.) It is the submission of the appellant that granting of lease to respondent no. 7 who is civilian after the expiry of original lease period, is contrary to law and in fact, even when it was the case of the renewal of lease, rules requires that such lease ought to have been granted only to the eligible person i.e. to say, defence personnel. It is therefore, submitted that renewal of the lease in favour of the said respondent at different place in the cantonment area was illegal.