MUKHTAR AHMED WANI Vs. MOHD RAMZAN WANI

JUDGEMENT

(1.) DEALERSHIP and distribution of Kersone Oil for Shopian district Pulwama was allotted to one Lassa Wani by the Indian Oil Corporation Limited. Respondent -1 claims to be partner for running Kerosene Oil Depot at Shopian alongwith one Lassa Wani. It is stated that Lassa Wani has died and petitioner -1 has applied for renewal of licence as legal heir of late Lassa Wani to the Indian Oil Corporation. It is further stated that Indian Oil Corporation in its communication dated 17 -5 -2007 has approved reconstitution of dealership with petitioner -1 as proprietor. Memorandum of agreement has also been executed in terms of the aforementioned communication by the Indian Oil Corporation with petitioner -1. Petitioner -1 has applied to Deputy Commissioner, Shopian for installation of Kerosene Oil Storage Tank in Khasra No. 484/3 at Ray Kaprin Shopian. The Deputy Commissioner has issued No Objection Certificate(NOC) in favour of Mukhtar Ahmed Wani on 21 -7 -2007. This communication has been challenged by respondent -1 before Sub -Judge, Shopian by filing a civil suit seeking declaration that No Objection certificate issued by the Deputy Commissioner, Shopian is null and void alongwith prayer for restraining the present petitioners not to act upon the said No Objection Certificate. An application for temporary injunction has also been filed. The trial court has vide its order dated 29 -12 -2008, after hearing the parties, directed that till the rights of the parties are determined, status quo with respect to No Objection Certificate issued in favour of non -applicant - petitioner, be maintained. It is this order, which is the subject matter of challenge in the present revision petition.

(2.) I have heard the learned counsel for the parties and perused the record. Before adverting to the controversy involved in the present suit, it is important to note that respondent -1 has filed a suit before District Judge, Pulwama seeking dissolution of partnership and rendition of accounts. The premises on the basis of which the suit has been filed is that respondent -1 is partner in the firm called Shopian Oil Agency with late Lassa Wani. It is stated that he has made investment in running of the aforementioned business and has sought rendition of accounts. In essence, it is a suit for dissolution. It is important to note that one of the prayers sought by respondent -1 is that Indian Oil Corporation should not transfer dealership in the name of petitioner -1, which stood in the name of late Lassa Wani.

(3.) THAT District Judge had also passed an interim ex parte order on 17 -10 -05 cancelling the licence issued in favour of non -applicant -15 (petitioner -1 herein). In pursuant to the direction issued by the District Judge, respondent -7 had cancelled the licence of petitioner and diverted supply of the Kerosene to the Kerosene Oil Dealers of the valley. This order came to be challenged by the petitioners in the High Court. Writ was allowed and direction was issued to the respondents to hear the petitioners in the matter before any order is passed. It was observed that in case any licence is issued in favour of petitioners, same shall be subject to any order that may be passed by the civil court.