Patna High Court
Rajiv Ranjan Rai vs The Union Of India on 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7215 of 2020
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Rajiv Ranjan Rai Son of Late Satendra Rai, Resident of Village-Maruan,
Police Station-Dinara, District-Rohtas (Sasaram).
... ... Petitioner/s
Versus
1. The Union of India through Secretary, Ministry of Petroleum and Natural
Gas, New Delhi.
2. Chairman and Managing Director, Bharat Petroleum Corporation Limited,
Bharat Bhawan 4 and 6 Currimbhoy Road, Balard Estate, Mumbai-400001.
3. The Territory Manager, Bharat Petroleum Corporation Limited, At Pakari,
Via Anisabad, Patna-800002.
4. The Assistant General Manager (A.G.M.), Bharat Petroleum Corporation
Limited, At Pakari, Via Anisabad, Patna-800002.
5. Dhiraj Kumar, Son of Nirmal Sah, Resident of Village-Jamarodh, P.O.-
Dinara, P.S. Dinara, District Rohtas (Sasaram).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Saroj Kumar, Advocate
For U.O. I. : Mr.Dr.K.N.Singh (ASG)
Mrs. Priyanka Raj Laxmi, Advocate
For B.P.C.L. Mr. Sanjay Singh, Sr. Advocate
For Respondent No. 5 Mr. Sanjeev Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 30-11-2021
Petitioner has prayed for the following relief(s):
"(i) For proper disposal of my complaint
dated 18.07.2019 against selected candidate
Dhiraj Kumar for Retail Outlet Dealership
Group-1, Location No. 149 on the avail of
given necessary condition within 3
Kilometer from Dinara Zero Mile toward
Dhansoin on Dinara-Dhansoin Road.
Patna High Court CWJC No.7215 of 2020 dt.30-11-2021
(ii) For holding and declaring that allotment
of Petrol Station to the Private Respondent
for Retail Outlet dealership Group-1,
Location Non 149 is not in accordance with
law and need to be interfered with as
distance of the allotted location is at 4.2 Km
instead of 3 K.m. from Dinara Zero Mile.
(iii) For direction on respondent that
petitioner is one of the three applicants and
filed complaint before Respondent no. 3
alongwith Bank Drafts of Rs. 5000/- as
required charge and still interested to get an
opportunity of allotment of the Petrol Station
and he is intitle for that.
(iv) For any other relief/reliefs to which
petitioner is found entitle, in the facts and
circumstances of the case."
On a pointed query put to Shri Sanjay Singh,
learned Senior Counsel appearing for Respondent No. 2, namely
Chairman and Managing Director, Bharat Petroleum
Corporation Limited, as to why petitioner's complaint was kept
pending and not decided, we are informed that certain queries
were put to the petitioner which remain unresponded.
Petitioner challenges the allotment made by
Respondent No. 2, namely Chairman and Managing Director,
Bharat Petroleum Corporation Limited, in favour of Respondent
No. 5, namely Dhiraj Kumar.
Having heard learned counsel for the parties, we
Patna High Court CWJC No.7215 of 2020 dt.30-11-2021
are of the considered view that all questions of fact, more so
with regard to the issue as to whether the site allotted met with
the condition of territorial limits or not is to be decided first by
the authority empowered to decide the grievances/complaints
against such allotment.
Shri Saroj Kumar, learned counsel for the
petitioner, states that within one week petitioner shall make
himself available in the office of Grievances Redressal Forum
on 21st of December, 2021 at 10:30 a.m. and also submit all
papers as required by the Respondent No. 2 company.
Shri Sanjay Singh, learned Senior Counsel for
Respondent No. 2, states that the officer authorized to decide the
complaint shall positively take a decision within a period of four
weeks from the date of its presentation.
Needless to add, while considering such complaint,
principles of natural justice shall be complied with and the
authority pass a reasoned and speaking order, copy whereof
shall be supplied to all concerned.
All issues of fact and law are left open.
Liberty reserved to the parties to take recourse to
such other remedies as are otherwise available, should the need
so arise.
Patna High Court CWJC No.7215 of 2020 dt.30-11-2021
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 03.12.2021
Transmission Date
