Uday Shankar vs The Indian Oil Corporation ...
2023 Latest Caselaw 3082 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1315 of 2023
     ======================================================

Uday Shankar, S/o Sri Motilal Sah, Resident of Village- Chari, P.O.- Sikandarpur, P.S.- G.B. Nagar Tarwara, District- Siwan.

... ... Petitioner/s Versus

1. The Indian Oil Corporation Limited through its Director (Marketing), Marketing Division Head Office, Indian Oil Bhawan, G-9, Ali Yavar Judge Marg, Bandra (East) Mumbai 400051 (Maharashtra).

2. The General Manager (Marketing Division) Eastern Region Office, Indian Oil Corporation Limited, Indian Oil Bhawan, 2 Gariahat Road, South (Dhakuria), Kolkata- 700068 (West Bengal).

3. The General Manager I/c (RS) Marketing Division Indian Oil Corporation Limited Bihar State Office, Laknayak Jaiprakash Bhawan (5th Floor), Dak Bunglow Chowk, Patna (Bihar).

4. The Divisional Retail Sales Head, Indian Oil Corporation Limited Muzaffarpur Division Office, Krishna Complex, Akharaghat Road, Muzaffarpur (Bihar).

5. The Chief Manager, Indian Oil Corporation Limited Muzaffarpur Division Office, Krishna Complex, Akharaghat Road, Muzaffarpur (Bihar).

6. Arjun Kumar @ Arjun Kumar Sah S/o Sri Motilal Sah R/o Village- Chari, P.O. - Sikandarpur, P.S.- G.B. Nagar Tarwara, District- Siwan.

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

For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate For the I.O.C.L : Mr.Shailesh Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 17-07-2023 Heard learned counsel for the petitioner and learned

counsel for the Indian Oil Corporation Limited.

2. The present writ petition has been filed for a

direction to the respondent to refrain from infringing the right to

property of the petitioner by encroaching and capturing his land

of Khata No. 101, Plot No. 713, area 8 Katha out of 1 Bigha 3

Katha 15 Dhur situated in Mauja- Chandi, Mohali Sahuli, Tauzi Patna High Court CWJC No.1315 of 2023 dt.17-07-2023

No. 1430, Anchal- Barharia, District-Siwan and further directing

to the respondent authorities to refrain from allowing respondent

no.6 to establish petrol pump on petitioner's land measuring 8

Katha.

3. Learned counsel for the petitioner submits that

the Indian Oil Corporation Limited has issued an advertisement

dated 25.11.2018 inviting online applications for allotment of

retail outlet dealership for establishing a petrol pump within one

kilometer from the upgraded Middle School, Chari towards

Tarwara and Ladhi, Block-Barharia, District-Siwan. The said

dealership was awarded to respondent No.6 on 24.06.2019.

Respondent No. 6 had offered land appertaining to Khata

No.101, Plot No. 713 admeasuring 1 Bigha 3 Katha 16 Dhur for

the retail dealership and establishing the allotted petrol pump

which was accepted by the Indian Oil Corporation Limited

(Respondent No.1).

3.1 Learned counsel for the petitioner further

submits that the aforesaid land is not sole and exclusive property

of respondent No.6, rather the petitioner and, one Anmol Kumar

got 8 Katha each from the said plot, but respondent No.6 has

fraudulently claimed the entire land. He also submits that Title

Suit No. 569 of 2016 had been filed for setting aside the sale Patna High Court CWJC No.1315 of 2023 dt.17-07-2023

deed No. 12314 dated 13.09.2019 relating to Khata No. 55, Plot

No.371, and Khata No.22, Plot No. 353. Learned counsel for the

petitioner further submits that respondent No.6 has obtained

consent from the Indian Oil Corporation Limited by virtue of a

compromise filed in Title Suit No. 569 of 2016. He further

submits that in the said compromise petition, the petitioner and

respondent no.6, both have put their signature. He further

submits that the signature of the petitioner on the said

compromise petitioner had been obtained by pressure and

coercion. The petitioner after filing the compromise petition, has

filed an objection and according to him the said compromise

petition has not been accepted to date. He further submits that

the petitioner has come before this Court since the compromise

petition has not been accepted to date, therefore, respondent

no.6 should be directed not to establish the said petrol pump for

which permission has been granted to him by the Indian Oil

Corporation Limited.

4. Learned counsel for the Indian Oil Corporation

Limited submits that the petitioner and one Anmol Kumar both

had given their consent initially in the said title suit as well as

through their individual letter which is Appendix-IIIA of the

Contract firm/application form of the Indian Oil Corporation Patna High Court CWJC No.1315 of 2023 dt.17-07-2023

Limited. He further submits that the said Anmol Kumar has

moved before this court by filing CWJC No. 12351 of 2022 in

which almost similar claim has been made and the said writ

petition was dismissed vide order dated 08.12.2022.

5. Upon going through the submissions made by

learned counsel for the parties; the petitioner has given consent

in Appendix-3A of the application form and, subsequently, filed

the compromise petition before the Civil Court; there being no

decision of the Civil Court with respect to the above land in

question as also for maintaining parity of the order passed by

this Court in CWJC No. 12351 of 2022, and particularly in view

of the fact that granting permission to establish a retail outlet is

a policy matter of the Indian Oil Corporation Limited, this Court

is not inclined to issue any direction to the Indian Oil

Corporation Limited in this regard.

6. Accordingly, the writ petition stands dismissed

being devoid of merit.

(Dr. Anshuman, J)

Ashwini/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.07.2023
Transmission Date       NA