Poonam Kumari vs The Indian Oil Corporation ...
2023 Latest Caselaw 73 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.21146 of 2019
     ======================================================

Poonam Kumari, Wife of Kumud Kumar, resident of Village and Post Office- Kamrawan, Police Station- Dalsingh Sarai, District- Samastipur.

... ... Petitioner/s Versus

1. The Indian Oil Corporation Limited through its Managing Director, Indian Oil Bhawan G-9, All Yavar Jung Marg, Bandra East, Mumbai, Maharashtra.

2. The Managing Director, Indian Oil Bhawan, G-9, All Yavar Jung Marg, Bandra East, Mumbai, Maharashtra.

3. The Head of Divisional Office, Begusarai Divisional Office Indian Oil Corporation Limited (M.D.) , Near Barauni Refinery Police Station, District- Begusarai, Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Advocate Mr. Dharmendra Kumar Singh, Advocate Mr. Ranvijay Narain Singh, Advocate Mr. Manish Kumar Singh, Advocate For the Respondent/s : Mr. Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-01-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.21146 of 2019 dt.03-01-2023

The impugned email notice dated 24th of July, 2019 sent to

the petitioner by Respondent No. 3, namely, the Head of Divisional

Office, Begusarai Divisional Office, Indian Oil Corporation Limited

(M.D.), Near Barauni Refinery Police Station, District- Begusarai,

Bihar (Annexure-7, Page- 109), to our mind, needs to be quashed for

the reason that it does not assign any reason for cancelling the

petitioner's application. Also, opportunity of hearing was not Patna High Court CWJC No.21146 of 2019 dt.03-01-2023

afforded, resulting into consequences, both penal and civil in nature.

The said email notice, in toto, is extracted hereinunder:-

For the aforesaid reasons, we quash and set aside the

impugned email notice dated 24th of July, 2019 sent to the petitioner

by Respondent No. 3, namely, the Head of Divisional Office,

Begusarai Divisional Office, Indian Oil Corporation Limited (M.D.), Patna High Court CWJC No.21146 of 2019 dt.03-01-2023

Near Barauni Refinery Police Station, District- Begusarai, Bihar

(Annexure-7, Page- 109) with further mutually agreeable and

acceptable terms- (a) Petitioner shall make himself available in the

office of Respondent No. 3, namely, The Head of Divisional Office,

Begusarai Divisional Office Indian Oil Corporation Limited (M.D.) ,

Near Barauni Refinery Police Station, District- Begusarai, Bihar on

11th of January, 2023, on which date he shall place on record entire

material in support of the objections raised by the respondents in

processing the petitioner's application for allotment of the retail

outlet; (b) Petitioner shall fully cooperate in the proceedings; (c)

After affording opportunity of hearing to the petitioner, fresh order,

assigning reasons, shall be passed by the authority concerned within

a period of two weeks from the date of appearance of the petitioner;

(d) The order assigning reasons shall be communicated to the

petitioner; (e) Liberty is reserved to the petitioner to take recourse to

such alternative remedies as are otherwise available in accordance

with law; (f) 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; (g) Also, liberty reserved to

the petitioner to approach the Court, should the need so arise

subsequently on the same and subsequent cause of action.

The petition stands disposed of in the aforesaid terms. Patna High Court CWJC No.21146 of 2019 dt.03-01-2023

Interlocutory Application(s), if any, shall stand disposed

of.

(Sanjay Karol, CJ)

(Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 04.01.2023 Transmission Date