Patna High Court
Indian Oil Company Limited vs M/S Lakshmi Mahto Ram Chandra ... on 23 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1222 of 2017
In
Civil Writ Jurisdiction Case No.3198 of 2013
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1. Indian Oil Company Limited having its registered office at Mumbai through
its Chairman-cum-Managing Director.
2. The General Manager, Indian Oil Company Limited, Bihar State Office,
Marketing Division, Eastern Region, Loknayak Bhawan, Dak Bunglow
road, P.S-Kotwali, Dist-Patna.
3. The Divisional Manager, Indian Oil Corporation Limited, Marketing
Division, Muzaffarpur.
4. The Assistant Manager (Retail Sales), Indian Oil Corporation, Darbhanga.
... ... Appellant/s
Versus
1. M/s Lakshmi Mahto Ram Chandra Prasad, Anr S/o Late Mahaveer Mahto,
R/o Nariyal Bazar, Near Canara Bank, P.S.- Madhubani, Town and District-
Madhubani.
2. Shiv Kumar Mahto, S/o Late Lakshmi Mahto, R/o Nariyal Bazar, Near
Canara Bank, P.S.- Madhubani, Town and District- Madhubani.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Kali Das Chatterji, Sr. Advocate
Mr. Amlesh Kumar Varma, Advocate
For the Respondent/s : Mr. Rohit Raj, Advocate
Mrs. Archana Shahi, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 23-03-2023
The present L.P.A. is against the order of the learned
Single Judge dated 19.05.2017 passed in CWJC No 3198 of
2013.
2. In the writ petition, respondent had prayed for the
following reliefs:-
Patna High Court L.P.A No.1222 of 2017 dt.23-03-2023
"(i) For issuance of a writ in the
nature of certiorari for quashing of
Letter dated 29.11.2012 bearing
reference No.- BSO/LMRP issued by
Respondent No.-2 where by the
Representation filed by the petitioner for
revival of the SKO/LDO agencies has
been disallowed.
(ii) For issuance of a writ in the
nature of Mandamus direction to the
Respondents to complete all concerned
formalities with respect to the
reconstitution of the firm in accordance
with guidelines.
(iii) For issuance of a writ in the
nature of Mandamus direction to the
respondents to restore the supply of
products to all the five agencies
consisting of four units of Kerosene oil
dealership and one retail outlet of petrol
pump which is lying suspended since
12.09.2007.
(iv) For any other reliefs to which the
petitioner is found entitled in the facts
and circumstances of the case."
3. Writ petition was allowed, as a result, the Indian Oil
Corporation Limited (IOCL) has presented this LPA.
4. During the intervening period of pendency of the
litigation respondents are not interested in pursuing the relief
sought by them in the writ petition. On the other hand, they have
certain grievance with the Appellant-Indian Oil Corporation
Limited. In this regard the respondents were stated to have
Patna High Court L.P.A No.1222 of 2017 dt.23-03-2023
submitted representation on 07.03.2019 to the Divisional
Manager, Indian Oil Corporation Limited, Marketing Division,
Muzaffarpur and the subject is relating to refund of unsupplied
quantity of kerosene oil against cost deposited. In this regard,
the respondents were permitted to file additional representation,
if any, within a period one month from the date of receipt of this
order. Thereafter, the Divisional Manager, Indian Oil
Corporation Limited, Marketing Division, Muzaffarpur is
hereby directed to redress the grievance of the petitioner while
passing a detailed speaking order within a period of three
months from the date of receipt of the additional representation,
if any.
5. With the above observations, the present L.P.A. stands
disposed of and it is made clear that order of the learned Single
Judge is not binding on the respective parties.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
Daya/
Himanshu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2023
Transmission Date NA
