AUTOMOBILES Vs. UNION OF INDIA THROUGH ITS SECY, MINISTRY OF PETROLEUM & NATURAL GAS, GOVT.OF INDIA, SHASHTRI BHAWAN, NEW DELHI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER No. 2 is owner of the plot of land bearing Khata No. 214 Plot No. 299 which is situated at Maripur (Bathua Bazar), P.S. Phulwari in the district of Gopalganj. In terms of the advertisement for suitable piece of land made by the respondent I.B.P. Company, petitioner no.2 agreed to offer the said land for setting up of a retail dealership, on the basis of a lease agreement entered between the parties, effective 22.11.2002 and valid for a period of fifteen years. The rental for the land agreed upon was Rs. 5,000/ -. There was even a clause for renewal of the lease after enhancing the rental at the rate of 10% on completion of every five years. After the lease agreement was finalized the respondent Company decided to set up a retail outlet which was to be Company owned and Company operated, in short COCO outlet. At a point of time Maintaining and Handling Contractor was appointed for about a year and the person saddled with the responsibility was one Rishideo Chaudhary. Unfortunately the said Rishideo Chaudhary expired on 18.3.2008 and it is said that the outlet in question was closed down and is not being operated either by the Company or through his any of the representatives.

(3.) THE three petitioners have turned out in full strength, in the writ application because they are jointly claiming that they should be allowed to step into, the shoes of said late Rishideo Choudhary as maintaining and handling contractor. They state that after all the land belongs to the family specially petitioner no. 2 and at one point of time some interest was shown by the respondent Company in the daughter of the petitioner, namely, Seema Bharti. Since she was a minor, the matter did not proceed beyond a point.