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High CourtsDivision Bench(2003) 01 AHC CK 0186

Jalan Service Station vs District Magistrate/District Supply Officer and Others

Allahabad High Court · Decided on 21 January 2003 · Citation: (2003) 5 AWC 3867

HON’BLE JUDGES
Prakash Krishna, J · M. Katju, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 2489 of 2003

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Judgment

4 paragraphs · 158 words

M. Katju, J.—The Petitioner is challenging the order of the District Magistrate, Bulandshahr, dated 28.8.2002 (Annexure - 16 to the writ petition). By that letter, the District Magistrate has written to the Sr. Divisional Manager, Hindustan Petroleum Corporation Limited, Agra, to cancel the Petitioner''s dealership licence.

2.

In our opinion, the aforesaid letter only amounts to a recommendation of the District Magistrate to the Corporation to take action against the Petitioner for alleged irregularities. It does not amount to a direction to cancel the Petitioner''s dealership because the District Magistrate has no jurisdiction over the Hindustan Petroleum Corporation Limited, since the Corporation is a distinct legal entity.

3.

Obviously before cancelling the Petitioner''s dealership, the Petitioner has to be given opportunity of hearing and if after such hearing the licence of the Petitioner is cancelled then only a cause of action will arise.

4.

At present this writ petition is premature and it is dismissed at this stage.