The Gauhati High Court vs The Indian Oil Corporation Ltd. ...
2023 Latest Caselaw 84 Gua

                                                                 Page No.# 1/2

GAHC010188922022




                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
                          Case No. : Review.Pet./152/2022
         MS. JONALI PATOWARI @ JONALI BARUAH
         W/O- SRI ASHIM PATOWARY, H NO. 15, SURVEY, BELTOLA, GUWAHATI-
         781028, DIST- KAMRUP(M), ASSAM

          VERSUS

          THE INDIAN OIL CORPORATION LTD. AND 3 ORS.
          A GOVT. OF INDIA UNDERTAKING HAVING ITS OFFICE AT G9, ALI YAVAR
          JUNG MARG, BABDRA (EAST) MUMBAI, HAVING ITS REGISTERED OFFICE
          AT INDIAN OIL BHAWAN, SECTOR III, NEAR FLYOVER, NOONMATI,
          GUWAHATI 781020 IN THE DISTRICT OF KAMRUP (M) ASSAM,
          REPRESENTED BY ITS EXECUTIVE DIRECTOR, IO, AOD

          2:THE EXECUTIVE DIRECTOR
          AO AOD, INDIAN OIL BHAWAN
           SECTOR -III
           NEAR FLYOVER
           NOONMATI
           GUWAHATI- 781020

          3:THE DEPUTY GENERAL MANGER (LPG-S)
           IAO, GHY
           INDIAN OIL BHAWAN
           SECTOR -III
           NEAR FLYOVER
           NOONMATI
           GUWAHATI- 781020

            4:THE CHIEF AREA MANAGER
             IOCL, INDIAN OIL BHAWAN
             SECTOR-III
             NEAR FLYOVER
             NOONMATI
             GUWAHATI- 78102
Advocate for the Petitioner : MS M HAZARIKA
Advocate for the Respondent : SC, I O C
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                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

05-01-2023 Heard Ms. M. Hazarika, learned Senior Counsel assisted by Shri M. K. Borah, learned counsel for the applicant. Also heard Shri M. K. Choudhury, learned Senior Counsel assisted by Shri M. Sarma, learned counsel for the Indian Oil Corporation.

By the instant petition, a prayer for review has been made in the Judgment and order dated 25.08.2022 passed by this Court in WP(C) No. 8188/2018.

A communication dated 21.08.2018 was the subject matter of challenge which has been upheld by this Court. By the aforesaid communication, the representation of the petitioner regarding cancellation of the LOI issued earlier to him on 24.10.2014 was rejected. The consideration in the said communication was that the applicant had failed to arrange alternate suitable land within the stipulated period. However, it appears that in the present application for review, an interpretation regarding the distance of the plot of land where the godown would be situated from the site of the showroom has been raised. The aforesaid issue will not have any relevance in either decision of this Court or in the communication dated 21.08.2018 which was the subject matter of challenge.

At this stage, the Senior Counsel, Ms. M. Hazarika submits that she would like to withdraw this review petition with however a liberty to prefer an appeal against the judgment, if so advised.

Shri Choudhury, the learned Senior Counsel for the IOCL does not object to the said proposal.

In view of the above, the instant application stands dismissed on withdrawal with liberty, as prayed for.

JUDGE

Comparing Assistant