CAPT MOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) FACTS as revealed from the record of this case are that the petitioner was granted dealership of a retail Outlet of Motor Spirit (MS) and High Speed Diesel (HSD) being a disabled ex -serviceman during Indo-Pak War of 1971, as according to him because of gallantry shown during the said war he was also awarded Veerchakra. Thus retail Outlet was allotted with a view to rehabilitate him. He is running this Outlet as its sole Proprietor under the name and style of Paramjit Filling Station, Gandhi Nagar, Jammu. For sale of MS and HSD Dispensers were installed at the aforesaid Filling Station.

(2.) ON account of shortage of diesel in the month of November, 1978, respondent -Indian Oil Corporation (IOC) closed the dispenser of HSD. There is no dispute between the parties that a written agreement was entered upon between them for running the aforesaid Outlet.

(3.) ACCORDING to petitioner closure of this Dispenser of HSD was with the assurance that it would be restored shortly. This is what was held out as well as agreed to between the parties when same was ordered to be closed in November, 1978 as per petitioner. On the other hand stand of the Indian Oil Corporation is that in addition to shortage of diesel, there used to be long ques of vehicles for getting diesel with the result that sale of MS was being affected. In this view of the matter the Dispenser of HSD was ordered to be closed and at no point of time any assurance was held out to the petitioner as alleged by him.