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CASE NO.: Appeal (civil)  7215 of 2000

PETITIONER: Indian Oil Corporation Limited

RESPONDENT: Meena Kumari and others

DATE OF JUDGMENT: 01/05/2007

BENCH: S. B. Sinha & Markandey Katju

JUDGMENT: J U D G M E N T

MARKANDEY KATJU, J.

1.      This appeal has been filed against the impugned judgment and order  dated 14.9.2000 of the High Court of Judicature at Allahabad in Civil Misc.  Writ Petition No. 40236 of 1999.

2.      Heard learned counsel for the parties and perused the record.

3.      Respondent No. 1, Smt. Meena Kumari,  filed the impugned writ  petition in the High Court praying for a writ of mandamus directing the  appellant, Indian Oil Corporation Limited, to grant her a licence for retail  outlet/petrol pump in village Jheenjhak, district Kanpur Dehat, in pursuance  of the Notification dated 30.12.1977.

4.      The writ petitioner is a resident of village Jheenjhak, district Kanpur  Dehat and is a war widow whose husband was an army personnel who died  during the 1971 war.  On the other hand, respondent No. 2 in this appeal,  Smt. Asha Devi, who is also a war widow of an ex army personnel, is a  resident of district Farrukhabad.

5.      One of the terms mentioned in the policy guidelines for selection of  dealers/distributors of 1977 was that preference would be given to the  candidate belonging to the district in which the proposed  dealership/distributorship is advertised.  

6.      In these circumstances, we are of the opinion that the High Court was  right in directing that respondent No. 1 Smt. Meena Kumari should have  been given preference and granted the licence for the petrol pump.  Since  she is a resident of Kanpur Dehat for which locality the dealership was being  granted, she had preference.     7.      For the reasons given above, we find no merit in this appeal.  The  appeal is dismissed accordingly.  No costs.