Patna High Court
Shankar Uranw vs The Chairman, Indian Oil ... on 22 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4347 of 2021
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Shankar Uranw, Son of Lutharu Uranw, Resident of Village - Gamhariya,
Police Station- Manpur, District - West Champaran.
... ... Petitioner/s
Versus
1. The Chairman, Indian Oil Corporation Ltd, 3079/03, J.B. TiTO Marg,
Sadique Nagar, New Delhi.
2. The Executive Director, Indian Oil Corporation Ltd, Marketing Division,
Eastern Region Office, Indian Oil Bhawan, Dhakuria, Kolkata.
3. The Executive Director (LPG), Indian Oil Corporation Ltd, Lok Nayak Jay
Prakash Bhawan Dakbunglow Road, Patna.
4. The Deputy General Manager (LPG-S), Indian Area Office, Patna Indian Oil
Corporation Ltd, First Floor Shahi Bhawan, Exhibition Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jagdish Prasad Singh, Advocate
For the Respondent/s : Mr. Sanat Kumar Mishra, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) For setting aside of letter
bearing PAT/FVC/GAMHARIA dated
13.10.2020 issued under the signature of Dy.
General Manager (L.P.G.-S) Indian Area Office,
Patna whereby and whereunder petitioner has
been informed that petitioner's application for
award of LPG distributorships at Gamharia,
District- West Champaran is rejected for want of
FVC fees alleging inter alia. Petitioner was
informed through registered mail dated
11.09.2020 and 19.09.2020 for depositing of
10% Security deposit i.e. Rs. 40,000/- but not
Patna High Court CWJC No.4347 of 2021 dt.22-12-2021
deposited, though such mail or information
through other mode has not been given to
petitioner.
(II) An appropriate direction be
issued directing the Respondents to fix any
suitable date for depositing FVC fee and inform
accordingly enabling the petitioner to deposit
the same for further action.
(III) Any other appropriate writ or
direction may be issued which may be
applicable in the facts and circumstances of the
case."
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioner, under instructions,
states that petitioner may be permitted to prefer an appeal
against the impugned order before the Appellate Authority.
Permission granted.
Learned counsel for the respondents states that if such
an appeal is preferred within a period of four weeks from today,
the issue of limitation, if any, shall neither be raised nor allowed
to come in the way of adjudication of the appeal on merits.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
mutually agreeable terms:-
(a) Petitioner is permitted to prefer an appeal within a
period of four weeks from today;
(b) In the event of appeal being preferred within a
period of four weeks from today, the issue of limitation shall not
Patna High Court CWJC No.4347 of 2021 dt.22-12-2021
come in the way of adjudication of the appeal on merits;
(c) Opportunity shall be granted to the parties to place
on record all essential documents and materials, if so required
and desired;
(d) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(e) The Appellate Authority shall decide the appeal on
merits, in compliance of the principles of natural justice;
(f) The Appellate Authority shall pass a reasoned and
speaking order, within a period of eight weeks from the date of
filing of the appeal;
(g) Copy of the reasoned and speaking order passed by
the Appellate Authority shall be supplied to the parties;
(h) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(i) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(j) We have not expressed any opinion on merits and
all issues are left open;
Patna High Court CWJC No.4347 of 2021 dt.22-12-2021
(k) Liberty reserved to the petitioner to challenge the
order, before the appropriate forum, if required and desired.
The instant petition sands disposed of in the aforesaid
terms.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
CAV DATE
Uploading Date
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