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Supreme Court of India

INDIAN OIL CORPORATION LTD. versus MEENA KUMARI AND ORS.

Decided
1 May 2008
Judges listed
S.B. SINHA (as the open data lists them; this may not name the whole bench)
Disposal
Disposed off

Citations

Official
[2007] 5 S.C.R. 1058 ยท 2008 INSC 564

Cited by

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The Court's text

Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. Link to paragraph N with #para-N.

Paragraph 1

This appeal has been filed against the impugned judgment and order dated 14.9 .2000 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40236 of 1999.

p. 1059

Paragraph 2

Heard learned counsel for the parties and perused the record.

p. 1059

Paragraph 3

Respondent No. I, Smt. Meena Kumari, filed the impugned writ C petition in the High Court praying for a writ of mandamus directing the appellant, Indian Oil Corporation Limited, to grant her a licence for retail outlet/petrol pump in village Jheenjhak, district Kanpur Dehat, in pursuance of the Notification dated 30.12.1977.

p. 1059

Paragraph 4

The writ petitioner is a resident of village Jheenjhak, district Kanpur D Dehat and is a war widow whose husband was an army personnel who died during the 1971 war. On the other hand, respondent No. 2 in this appeal, Smt. Asha Devi, who is also a war widow of an ex army personnel, is a resident of district Farrukhabad.

p. 1059

Paragraph 5

One of the terms mentioned in the policy guidelines for selection of E dealers/distributors of 1977 was that preference would be given to the candidate belonging to the district in which the proposed dealership/distributorship is advertised.

p. 1059

Paragraph 6

In these circumstances, we are of the opinion that the High Court was right in directing that respondent No. 1 Smt. Meena Kumari should have been p given preference and granted the licence for the petrol pump. Since she is a resident of Kanpur Dehat for which locality the dealership was being granted, she had preference.

p. 1059

Paragraph 7

For the reasons given above, we find no merit in this appeal. The appeal is dismissed accordingly. No costs. G S.K.S. Appeal dismissed.

p. 1059