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2003 DIGILAW 123 (ALL)

JALAN SERVICE STATION BULANDSHAHAR v. DISTRICT MAGISTRATE DISTRICT SUPPLY OFFICER BULANDSHAHAR

2003-01-21

MARKANDEY KATJU, PRAKASH KRISHNA

body2003
M. KATJU, J. The petitioner is challenging the order of the District Magistrate, Bulandshahar 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 petitioners 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 petitioners 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 petitions 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. Petition dismissed. .