Jammu & Kashmir High Court - Srinagar Bench
M/S R. K. Autocare (Hpcl) Retail Outlet vs Union Of India And Others on 28 July, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
S. No. 101
Before Notice
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) no. 1412/2020
CM no. 3836/2020 c/w
OWP no. 2049/2018
M/s R. K. Autocare (HPCL) Retail Outlet
.... Petitioner(s)
Through: Mr Rizwan-ul-Zaman, Advocate
V/s
Union of India and others
... Respondent(s)
Through: Mr T. M. Shamsi, ASGI
Mr M. M. Dar, Advocate with
Mr Kaiser Ali, Advocate
Mr Sajjad Gulzar, Advocate
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
ORDER
28.07.2021 Since the subject matter of the writ petitions is same, therefore, I propose to take up both the petitions together for disposal by virtue of this order.
OWP no. 2049/2018The petitioners by the instant writ petition are seeking a writ of Certiorari to the effect that the impugned cancellation of license vide communication No. P/NC/JK/14/4 (P50253) dated 31.05.2017 issued by respondent no. 5 be quashed along with communication dated 22.08.2017 and renew the license bearing No. P/NC/JK/14/4 (P50253) dated 13.06.1983 in pursuance to communication dated 16.11.2015. A writ of Mandamus is also prayed for to the effect that respondents be directed to withdraw the termination order of retail outlet dealership agreement dated 26.09.2016 and continue/ restore the supply of petroleum products in favour of petitioner's petroleum outlet; and to produce the entire record before this court inter alia on the grounds that the action of cancelling the license of the petitioner is arbitrary, against the principles of natural justice etc. WP (C) no. 1412/2020 By this petition the petitioner is praying for the writs of Mandamus to the effect that, respondents 1 to 6 be directed not to remove the tanks of the petitioner on spot and allow the petitioner to continue his business of supply of petroleum products; to direct respondents 1 to 7 to restore the supply of petroleum products to the retail outlet of the petitioner in pursuance of order dated 30.06.2017 passed by AMJAD AHMAD LONE 2021.07.29 10:22 I attest to the accuracy and the learned Sub Judge, Anantnag; to command the Assistant Controller Legal integrity of this document Metrology, Anantnag, respondent no. 17 to renew the certificate of verification/ calibration under J&K Standard of Weights and Measurements Enforcement Act 1997 in respect of the petroleum outlet of the petitioner; to direct respondents 14 to 16 to issue certificate of registration under J&K Shops and Establishments Act 1966 in favour of the petitioner; to direct respondent no. 10 to stop the proceedings in pursuance of complaint filed by the private respondent no. 18 against the petitioner as the matter is subjudice before respondent no. 9/ Deputy Commissioner, Anantnag in pursuance of Division Bench judgment dated 12.09.2018; to direct respondents to produce the entire record before the court; to prohibit the official respondents not to entertain any other frivolous complaint of the private respondent no. 18 against the petitioner or proforma respondent with respect to the petroleum outlet of the petitioner.
The petitions in hand raise disputed questions of fact which cannot be gone into by this Court in its writ jurisdiction but could be taken care of by the Civil Court where the parties are stated to be already litigating. At this stage, Mr M. M. Dar, learned counsel for the Hindustan Petroleum Corporation produced copy of the judgments delivered in two civil revisions bearing CR No. 05/2019 and 06/2019 titled Hindustan Petroleum Corporation and others v. Abdul Rashid Dagga and Hindustan Petroleum Corporation and others v. Ravinder Kapoor respectively. Perusal of the judgments, delivered by the coordinate bench of this Court, reveal that the civil suits filed by the respondents/ petitioners herein, have been dismissed vacating the interim orders, if any, passed in this behalf by the trial courts.
In view of above, the writ petitions fail and are dismissed along with all CMs. Interim direction, if any, shall stand vacated.
Registry to place a copy of this order on each file.
(Ali Mohammad Magrey) Judge Srinagar 28.07.2021 Amjad Lone PS AMJAD AHMAD LONE 2021.07.29 10:22 I attest to the accuracy and integrity of this document