High CourtsDivision Bench(2025) 03 PAT CK 1405

Sarika Murarka vs Union of India

Patna High Court · Decided on 5 March 2025

HON’BLE JUDGES
Harish Kumar, J · Ashutosh Kumar, ACJ
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No.3011 of 2023

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Judgment

9 paragraphs · 240 words

Ashutosh Kumar, ACJ

1.

Heard Mr. Pramod Kumar, learned Advocate for the appellant and Dr. K.N. Singh, learned Senior Advocate for the Indian Oil Corporation.

2.

The appellant was allotted a retail outlet, which is still being run on a leased land. There was no complaint whatsoever against the running of the aforesaid outlet. However, the lease of the land expired and the landlord, as on date, is unwilling to extend the lease.

3.

Faced with this situation, the appellant approached the respondent/Indian Oil Corporation for re-location of the site and suggested a site opposite the running outlet. The same was not acceptable to the Indian Oil Corporation on the ground of the suggested site being of lesser measurement than the required area of land for allotting any retail outlet.

4.

Even otherwise, the appellant does not have a right to have a particular outlet relocated, which would be in the domain of the decision making of the Oil Corporation.

5.

The very reason of the suggested site being lesser in measurement than the required measurement prescribed, is a good ground for rejection of the proposal of the appellant. However, by the impugned judgment, the appellant has been directed to, if so advised, invoke other remedies, viz. by way of civil suit.

6.

We do not find any reason to interfere with the learned Single Judge’s order.

7.

There is no merit in this appeal.

8.

The appeal is dismissed.