Ram Bahadur Ram vs Bharat Petroleum Corporation ...

Citation : 2021 Latest Caselaw 5243 Patna
Judgement Date : 16 November, 2021

Patna High Court
Ram Bahadur Ram vs Bharat Petroleum Corporation ... on 16 November, 2021
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.10495 of 2020
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Ram Bahadur Ram, S/o Navrang Ram R/o Village- Bhadari, P.O.- Baradhi, P.S.- Bhabua, District- Kaimur.

... ... Petitioner/s Versus

1. Bharat Petroleum Corporation Limited, represented through Managing Director and Chairman, having its registered office at Bharat Bhavan, 4 and 6 Currimbhay Road, Ballard Estate, Mumbai-400001

2. The Head (Retail) East, Bharat Petroleum Corporation Ltd., Bharat Bhawan, Plot No. 31, Prince Gulam Md. Shah Road, Golf Green, Kolkata, West Bengal

3. The Chief Manager Business and Network Planning (Retail) Bihar Bharat Petroleum Corporation Ltd., Third Floor, Ashiana Chambers, Exhibition Road, Patna, Bihar-800001

4. The State Head Retail Bihar, Bharat Petroleum Corporation Ltd., Third Floor, Ashiana Chambers, Exhibition Road, Patna, Bihar-800001

5. The Territory Manager (Retail), Bharat Petroleum Corporation Limited, having its Office at Locality- Anishabad, Post- Pakari, P.s.- Anishabad, District- Patna

6. The Assistant Manager Sales (Retail) Bharat Petroleum Corporation Limited, having its Office at Locality- Anishabad, Post- Pakari, P.s.- Anishabad, District- Patna

7. Teh Area Sales Officer (Retail), Patna Bharat Petroleum Corporation Limited, having its Office at Locality- Anishabad, Post- Pakari, P.s.- Anishabad, District- Patna

8. Ayodhya Kumar Son of Shri Awadhesh Prasad resident of Karma Road, Jai Prakash Nagar, Behind Electricity Officer, Post and P.s.- Aurangabad, Distt.- Aurangabad Patna High Court CWJC No.10495 of 2020 dt.16-11-2021 2/4 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Neeraj Kumar Gupta, Advocate For the Respondent/s : Mr. Siddharth Prasad, Advocate Mr. Om Prakash Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 16-11-2021 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: It is submitted on behalf of the petitioner that against the selection of private respondent no. 8 for allotment of retail Patna High Court CWJC No.10495 of 2020 dt.16-11-2021 3/4 outlet by the BPCL in Bhabua, District Kaimur, he has filed a complaint before the respondent no. 5, vide Annexure-4 and Annexure-6, on the ground that respondent no. 8 does not fulfill all the criteria of eligibility for allotment of retail outlet and he has received correspondences with respect to his complaint and authorities demanded supporting documents and in pursuance thereof he submitted the relevant supporting documents to be considered by the competent authority but no action was being taken, as such, present writ petition was filed for a direction to the respondent authorities to decide his complaint at the earliest.

It is submitted by learned counsel for the petitioner that during the pendency of the writ petition, private respondent no. 8 has died, as such he is the next candidate eligible for retail outlet.

It is submitted by Mr. Siddhartha Prasad, learned counsel for the BPCL that the matter is under consideration of the Corporation and appropriate decision will be taken at the earliest.

Statement accepted and taken on record.

The writ petition stands disposed of with a direction to the respondent authorities for taking appropriate decision with respect to allotment of retail outlet in question at Patna High Court CWJC No.10495 of 2020 dt.16-11-2021 4/4 the earliest preferably within two months from the date of receipt/production of a copy of this order.

It is made clear that this Court has not expressed any opinion with respect to claim of the petitioner and same is to be decided by the respondent authorities in accordance with law.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date