Vijay Kumar Nayak vs The Bharat Petroleum Corporation ...
2021 Latest Caselaw 5378 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5729 of 2020
     ======================================================

Vijay Kumar Nayak S/o Ram Autaar Nayak R/o - Narayanpur Bazar, P.S.- Manigachhi, District- Darbhanga.

... ... Petitioner/s

Versus

1. The Bharat Petroleum Corporation Limited Through its Managing Director, Bharat Petroleum Corporation Ltd., registered office- Bharat Bhawan, 4 and 6, Currimbhoy Road, Ballard Estate, Post Box No.-688, Mumbai- 400001.

2. The Managing Director Bharat Petroleum Corporation Ltd., registered office- Bharat Bhawan, 4 and 6, Currimbhoy Road, Ballard Estate, Post Box No.-688, Mumbai- 400001.

3. The Territory Manager, (LPG), Muzzafarpur, Bharat Petroleum Corporation Limited.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate Mr.Ran Vijay Kumar, Advocate For the Respondent/s : Mr.Sanjay Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 22-11-2021

Petitioner has prayed for the following relief(s):

"(i) For issuance of appropriate writ(s)/order(s)/direction(s) for quashing the impugned decision vide LPG.ER.MUP.RAGHOPUR (OPEN) 2019- 20 dated 27.01.2020 issued by Territory Manager (LPG) Muzaffarpur (Respondent No. 3) whereby and whereunder the candidature of the petitioner has been rejected on the ground that; same land i.e. khasra no. 4393 & 4394 offered by the Patna High Court CWJC No.5729 of 2020 dt.22-11-2021

petitioner as well as another candidate namely Savita Nayak for the same location.

(ii) For issuance of appropriate writ(s)/order(s)/direction(s) commanding the respondents to issue Letter of Intent in favour of the petitioner forthwith.

(iii) For further directing the concerned respondent authority not to initiate fresh draw of lots till the disposal of the present writ application.

(iv) For any other necessary relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case."

Under instructions, Shri Ran Vijay Kumar, learned

counsel for the petitioner, submits that the petitioner be

permitted to approach Respondent No. 3, namely The Territory

Manager, (LPG), Muzaffarpur, Bharat Petroleum Corporation

Limited, appraising of the averments made in paragraph Nos.

18, 19 and 20 of the petition, with liberty to approach the

Court/appropriate authority on the same and subsequent cause

of action, should the need so arise.

Shri Sanjay Singh, learned Senior Counsel for the

respondents, has no objection to the said prayer.

Prayer allowed. Liberty, as prayed for, is granted.

Petition is disposed of on the following mutually

agreeable terms:

(a) Petitioner shall approach Respondent No. 3, Patna High Court CWJC No.5729 of 2020 dt.22-11-2021

namely The Territory Manager, (LPG), Muzaffarpur, Bharat

Petroleum Corporation Limited placing on record all documents

in his favour;

(b) The said authority shall take a decision

thereupon expeditiously, preferably within a period of four

months.

(c) Parties shall appear before the said authority on

06.12.2021 at 10:30 a.m.

(d) While considering such request, principles of

natural justice shall be followed and due opportunity of hearing

afforded to the parties.

Needless to state that the appropriate authority shall

take a decision uninfluenced of the order passed earlier, subject-

matter of the present petition.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/DKS/-

AFR/NAFR
CAV DATE
Uploading Date          24.11.2021
Transmission Date