Sunita Kumari vs The Chief Regional Manager
2022 Latest Caselaw 504 Patna

Citation : 2022 Latest Caselaw 504 Patna
Judgement Date : 19 January, 2022

Patna High Court

Sunita Kumari vs The Chief Regional Manager on 19 January, 2022

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.4817 of 2020
     ======================================================

Sunita Kumari W/o Late Pramod Kumar, C/o Nitin Kumar, resident of Mohalla-Ram Nagar, Mali Galli, Land Mark-Opposite State Bank, P.O. Navada, District-Navada, Bihar.

... ... Petitioner/s Versus

1. The Chief Regional Manager (T and M Retail) Bharat Petroleum Corporation Ltd., Post-Pakdi, Via-Anisabad, Patna-800002, Bihar.

2. Manish Garg, Head of Territory Office, T.M. Retail, Bharat Petroleum Corporation Ltd., Post-Patna TOP, Pakdi Via-Anisabad, Patna-800002, Bihar, Phone-7070892820.

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

     For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
     For the Respondent/s     :      Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) =======================================================

Date : 19-01-2022

Heard learned counsel for the parties.

2. Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.4817 of 2020 dt.19-01-2022

Patna High Court CWJC No.4817 of 2020 dt.19-01-2022

3. It is the petitioner's grievance that despite the

petitioner having suggested an alternate land for allotment of the

petrol pump, the respondents have refused to accept his

communication dated 07.01.2020 (Annexure-7, Page No. 98).

4. We find that there is an option under the

"Brochure Selection of Dealers for Regular & Rural Retail

Outlets" (Annexure-6 Page No. 22), entitling the petitioner to

take recourse to such procedure (Clause-6). We also notice that

the very same document contains a dispute redressal mechanism

in relation to the process, subject matter of the present lis

(Clause-18, Page No. 48).

5. At this stage, learned counsel for the applicant

states that petitioner be permitted to take recourse to the said

clause, but, however, prays that the respondents should decide

the petitioner's request at the earliest.

6. As such, petition stands disposed of in the

following terms:-

(a) Petitioner shall approach the authority concerned

within a period of two weeks from today by filing a

representation in terms of Clause (18) of the "Brochure

Selection of Dealers for Regular & Rural Retail Outlets" for

redressal of the grievance(s);

Patna High Court CWJC No.4817 of 2020 dt.19-01-2022

(b) The appropriate authority shall positively consider and

dispose it of expeditiously by a reasoned and speaking order

preferably within a period of 30 days, as is so stipulated in the

scheme;

the petitioner;

(d) Needless to add, while considering such

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(e) Also, opportunity to place on record all relevant

materials/documents shall be granted to the parties;

(f) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(g) 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;

(h) Liberty reserved to the petitioner to approach the

Court, should the need so arise subsequently on the same and

subsequent cause of action;

(i) We have not expressed any opinion on merits. All Patna High Court CWJC No.4817 of 2020 dt.19-01-2022

issues are left open;

(j) The proceedings, during the time of current Pandemic-

Covid-19 shall be conducted through digital mode, unless the

parties otherwise mutually agree to meet in person i.e. physical

mode;