MUNICIPAL COMMITTEE Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) AGGRIEVED by the order dated 1. 11. 1988 passed by the learned Single Judge in C. W. P. No. 5057 of 1988 and Civil Revision No. 1102 of 1988, Municipal Committee, Thanesar has filed this appeal under Clause C of the Letters Patent and has prayed for dismissal of the writ petition filed by the respondent.

(2.) IN the year 1972, the Government of Haryana decided that no patrol pump be set up within the limits of the Municipal Committee in the State. This decision was conveyed to all the Deputy Commissioners vide letter No. 7851-5ka (2)-72/24122 dated 11. 8. 1972 written by the Secretary to Government, Haryana, Local Government department (Annexure R1 ). However, on the basis of representation Annexure R2 made by Surinder Singh son of Bagicha Singh, resident of Kurukshetra to the Minister, Local Government, Haryana for grant of permission to set up petrol pump at Kurukshetra within the limits of Municipal Committee, Thanesar by relaxing the ban imposed by the government and after seeking comments from the Deputy Commissioner, the Commissioner and Secretary to Government, Local Department, Haryana conveyed the government's permission to set up the petrol pump within the limits of Municipal Committee, Thanesar vide memo No. 6823-6 Ka 1-76/23858-59 dated 16. 7. 1976 (Annexure R4 ). On 24. 5. 1976, the District Manager, Indian Oil Corporation, Marketing Division, Chandigarh wrote to the District Magistrate, Kurukshetra for issuance of no objection certificate to Surinder Singh son of Bagicha Singh for installation of petrol pump. This request was accepted by the District Magistrate as would appear from the letter Annexure P1 dated 23. 9. 1976 written by him to the District Manager.

(3.) ON that very day i. e. 28. 5. 1988, the parties entered into a compromise and the learned Sub Judge decreed the suit in terms of the compromise. The order passed by the learned Sub Judge reads as under :