Citation : 2021 Latest Caselaw 5243 Patna
Judgement Date : 16 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10495 of 2020
======================================================
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
... ... 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
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
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
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