Asharfi Road Lines Through Its ... vs The Chairman
2023 Latest Caselaw 3675 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2255 of 2023
     ======================================================

Asharfi Road Lines through its Partner, Md. Iftekhar Khan, Male, aged about 47 Years, S/o-Md. Navi Raza Khan, Resident of Village- and P.O.-Deona Tilrath, Ward no.03, Deonah, District-Begusarai.

... ... Petitioner/s Versus

1. The Chairman Indian Oil Corporation Limited Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai, Maharastra.

2. The Executive Director and State Head, Bihar Head Office Indian Oil Corporation Limited (MD), 5th Floor, Lok Nayak Jia Prakash Bhawan, Dakbunglow Chowk, Patna-1, Bihar.

3. The Executive Director Indian Oil Corporation Limited, Barauni, District-

Begusarai, Bihar.

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

For the Petitioner/s : Mr. Alok Ranjan, Adv.

For the Respondent(IOCL): Mr. K.D. Chatterji, Sr. Adv.

                           :        Mr. Amlesh Kumar Verma, Adv.
     For the Respondent/s  :        Mr. Ankit Katriar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 10-08-2023

1. The grievance of the petitioner-Transporter is that they

have been discriminated with the Distributors. In other words, the

Respondent-Corporation are discriminating among the Distributors

and Transporters in respect of transportation of Petroleum products.

2. The petitioners have not produced any policy decision

so as to apprise this Court that the Respondents-Corporation are

discriminating among the Distributors and Transporters. He has also

not apprised what are the difference between the Transporters and

Distributors like role played by respective parties in transporting

petroleum products.

Patna High Court CWJC No.2255 of 2023 dt.10-08-2023

3. This Court is of the view that they form a separate class,

therefore, question of discrimination may not be arise. Assuming that

if there is any discrimination it must be with reference to certain

policy of the corporation. In the absence of existence of such policy

or in not challenging such policy to the effect that it is arbitrary in

nature, the present writ petition cannot be entertained.

4. Accordingly, writ petition stands disposed of, reserving

liberty to the petitioner to approach the concerned authority pointing

out if there are any discriminations among the Distributor and

Transporter in so far as providing facility to transport petroleum

products and if such representation is submitted, the concerned

authority is hereby directed to streamline the same while taking note

of Article 14 of the Constitution, if any. In the alternative, if there are

any policy existing in so far as management of distribution of

petroleum products through Distributor/Transporter, the same shall

be questioned in an independent litigation.

6. With the aforesaid observation/direction, this petition

stands disposed of.

(A. Abhishek Reddy , J) Ayush/-

AFR/NAFR                        NAFR
CAV DATE                         N/A
Uploading Date                16.08.2023.
Transmission Date                N/A