•^ iGH COURT OF CHHATTSSQARH : BiLASPUR Division Bench Writ Petition No. 421 of 2005 Coram : Hon'ble Shri Jagdish Bhaiia, Acting CJ & Hon'ble Shri Satish K. Agnihotri, J PETITSONER RESPONDENTS VersusS 1. 2. 3. Rajendra Suttania, Aged about 39 ysars, S/o. shri Radheshyam SuStania, R/o. Sheorinarayan, Tahsil Janjgir District Janjgir-Champa (CG) indian Oil Corpoi'ation Ud., ( a Conspany incorporated under the Companies Aet 1956 with registered office at G-9 A!i Yavar Jung Marg, Mumbai - 400051 indian Oii Corporation Ltd., (a company incorporated under the Companies Act 1956 with divisionat office at ViP Road, Telibandha, Raiour (CG) Union of India, through the Ministr/ of Petroleum Products and Natural Qases, Nev; Delhi. (Writ Petition under Article 226 ofthe Constitution of india) Present: Shri Kishore Bhaduri, Advocate with Shri Jitendra Paii, counsel for the petitioner. Shri P.Diwakar, Senior Advocate with Shri Adiraj Surana, Advocates for the respondents. ORAL ORDER (Passedon 4th December, The following oral order of the Court was passed by Hon'ble Shri Jagdish Bhaila, Acting C.J. !n the instant petition, the peotiQner has prayed for issuance of writ of mandamus directina the respondents-Corporation to execute an agreement with the petitioner thereby providing nominations to be macie by the petitioner for COCO contractorship in accordsnce w'rth the poiicy cireulars dated 8th August 2003 of the petitioner and further not to seiect or appoint any fresh/new/substituted COCO contractor whatsoever or even initiate a process of appoinSment of a reguiar dealer for its retaii outlet situated at Sheorinarayan unless havina acted in accordance with ths convenants of the agreementwhich is sought to be executed among the parties hereto. Y^ Learned counsei for 'the petitioner submits that a lease deed vras entered upon by the brother of the petitioner namely, Shri Pawan Suttania with Indian Oii Corporation Limited for providing site for consiruction of outiet (petrol pump). Subsequently, a circuiar was issued by the authorities providing certain facilities to those who gave their tend for site of outlet (petrol pump). The petitionar claimed for ailotment of the outiet on the basis of the aforesaid circuiars. However, since, the iand in question betongs to a joint famiiy, the petitioner couid not pursue his Tamily to nominate him for the aliotment of the outlet deaiership. We further find that the scheme which came into existence in the year 2003 was not made available retrospectiveiy. We have been informed on behaif of Indian Oil Corporation Limited that Smt. Chameli Khatkar, a member of ScheduSed Caste under reserved category has been appointed as permanent deaier of the outiet (petrol pump). In this connection, a writ petition (W.P.No. 4472/2004) has been filed and the same has been dismissed. In the light of above discussion, no interference is warranted. Accordingiy the writ petition is dismissed. Suguns' Sd/- Acting ChiefJustice Sd/- SatishK.Agnihotri Judge