Gujarat High Court
Pankajkumar Chandrakant Khambhatwala vs The Union Of India on 30 September, 2021
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Vaibhavi D. Nanavati
C/SCA/15718/2020 ORDER DATED: 30/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15718 of 2020
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PANKAJKUMAR CHANDRAKANT KHAMBHATWALA
Versus
THE UNION OF INDIA
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 1
GOVERNMENT PLEADER(1) for the Respondent(s) No. 4
M R BHATT & CO.(5953) for the Respondent(s) No. 3
MUNJAAL M BHATT(8283) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 30/09/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. The affidavit-in-rejoinder filed by the writ applicant is not on record. The same shall be placed on record.
2. We inquired with Mr. Bhatt, the learned counsel appearing for the Indian Oil Corporation whether as on date, the Corporation intends to set up a petrol pump at the village Balva. We may recollect that in the case on hand, the Corporation thought fit to issue an allotment letter in favour of the writ applicant for setting up a petrol pump. Later, the Corporation realized that the village Balva where they intended to put up a petrol pump is falling within Taluka: Saraswati and not Taluka: Patan. Both these Talukas are a part of the Patan District. Due to Page 1 of 3 Downloaded on : Sat Oct 02 04:28:31 IST 2021 C/SCA/15718/2020 ORDER DATED: 30/09/2021 such discrepancy, the Corporation thought fit to cancel the allotment letter. This, ultimately, led to the filing of the present litigation.
3. As on date, the Corporation is not sure whether in future they would consider setting up a petrol pump at village Balva. According to Mr. Bhatt, the Corporation shall be awaiting for the necessary instructions in this regard from the Ministry of Petroleum, Union of India. As on date, the writ applicant wants a mandamus from this Court that the action on the part of the Corporation, cancelling the allotment, be set aside and the Corporation be directed to permit the writ applicant to set up the petrol pump on the land owned by or/leased in favour of the writ applicant. If there are any subsequent developments pursuant to the instructions that the Corporation may receive from the Ministry of Petroleum, Union of India, those shall be placed on record at the earliest so that appropriate orders can be passed.
4. Let rule be issued to the respondents, returnable on 18.11.2021.
5. We direct the Corporation to take up this issue with the Ministry of Petroleum at the earliest. Let there be an appropriate deliberation in this regard. If the Ministry of Petroleum receives any communication from the Corporation as regards the subject matter, then the Page 2 of 3 Downloaded on : Sat Oct 02 04:28:31 IST 2021 C/SCA/15718/2020 ORDER DATED: 30/09/2021 Ministry shall take an appropriate decision at the earliest and convey the same to the Corporation. Let this exercise be undertaken by the Corporation within a period of one week from today.
(J. B. PARDIWALA, J) (VAIBHAVI D. NANAVATI,J) Vahid Page 3 of 3 Downloaded on : Sat Oct 02 04:28:31 IST 2021