Citation : 2023 Latest Caselaw 505 Patna
Judgement Date : 30 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6042 of 2018
======================================================
Sunil Kumar, Son of Siyaram Singh, Resident of Village- Narhat, P.S.- Narhat, District- Nawada.
... ... Petitioner/s Versus
1. The Bharat Petroleum Corporation Ltd., Through Its Managing Director , Bharat Petroleum Corporation Ltd. Bihar, Patna
2. The Zonal Manager, LPG, Bharat Petroleum Corporation Ltd., Bihar, Patna.
3. The Territory Manager, LPG, Bharat Petroleum Corporation Limited Fatuha Industrial Area, Fatuha, District-Patna
4. The Union of India, through Ministry of Petroleum, New Delhi.
5. The General Manager, LPG, Bharat Petroleum Corporation Limited Fatuha Industrial Area, Fatuha, District-Patna
6. The State of Bihar through D.M. Nawada.
7. The Circle Officer, Narhat Circle, District- Nawada.
8. Rajesh Kumar, Son of Nageshwar Singh, Resident of Village- Narhat, P.S.-
Narhat, District- Nawada.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate For the Respondent/s : Mr. Dhurjati Prasad GP-14 For the BPCL : Mr. Siddhartha Prasad, Adv Mr. Om Prakash Kumar, Adv ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 30-01-2023 The petitioner has prayed for the following relief/s :-
"(i) For a direction to the respondent authorities to cancel the license of LPG given to respondent to the Respondent No.8 which has been obtained by fraudulently and misrepresenting the authorities with connivance of officials District Patna High Court CWJC No.6042 of 2018 dt.30-01-2023
Administration and Bharat Petroleum Corporation Ltd.
(ii) For a direction to the Respondent Authority to held fresh advertisement for license of distributor LPG in Narhat District- Nawada.
(iii) To grant any other relief/reliefs if petitioner found entitled in the facts and circumstances of the present case."
After the matter was heard for some time, learned
counsel for the petitioner seeks permission to withdraw the
present petition reserving liberty to take recourse to such other
remedies as are otherwise permissible and admissible in
accordance with law as also represent respondent No.7, namely,
the Circle Officer, Narhat Circle, District- Nawada, venting out
the grievances, subject-matter of the present petition.
Prayer allowed. Liberty, as prayed for, is granted.
Without expressing any opinion on merits, leaving all
questions of fact and law open, the present petition is disposed
of as withdrawn with the liberty aforesaid.
We expect that the appropriate authority shall consider
and decide the petitioner's application/request expeditiously and
preferably within a period of three months from the date of its
presentation.
Needless to say that while considering such request,
principles of natural justice shall be followed and due Patna High Court CWJC No.6042 of 2018 dt.30-01-2023
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
ranjan/-
AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA
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