RAJA KAKATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the writ petition is the order dated 16. 10. 2006 (Annexure-VII to the writ petition) by which the petitioner's dealership of retail petroleum product has been terminated.

(2.) THE Memorandum of Agreement dated 19. 11. 1997 was entered into by and between the petitioner and the respondent-Corporation in respect of appointment of the petitioner as a dealer for the retail sale of petroleum products in the scheduled premises. The agreement contains the terms and conditions of the dealership. Even prior to the agreement, the father of the petitioner was running the business of selling petroleum product since 1962 from the same premises. After his demise, accepting the verbal request of the petitioner, he was appointed as the dealer by letter dated 25. 7. 1996 and thereafter, the agreement dated 19. 11. 1997 was executed by and between the parties.

(3.) ACCORDING to the petitioner, in the place in which the dealership of the petitioner is located, there is only one petrol and diesel pump belonging to the petitioner and there is increase of demand for petrol. It has been stated in Paragraph 8 of the writ petition that the Government officials including the Deputy Commissioner and the Superintendent of Police purchase petrol from the petitioner's service station on credit basis due to non-availability of fund with them. Because of such credit system and non-payment of payment in time, the petitioner has to suffer from great financial hardship.