Bal Kishan vs The Bharat Petroleum Corporation ...
2023 Latest Caselaw 8351 Raj

[2023:RJ-JD:34123]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18779/2019

1. Bal Kishan S/o Shri Pabu Singh, Aged About 88 Years, Resident Of Paota C Road, First Lane, Near Shakti Bhawan, Jodhpur.

2. Ganpat Singh S/o Shri Kunne Singh, Aged About 89 Years, Resident Of 25, Mandore Road, Mahamandir Crossing, Jodhpur.

----Petitioners Versus

1. The Bharat Petroleum Corporation Limited, Through Its Chairman And Managing Director, Bharat Bhawan, 4 And 6, Currimbhoy Road, Ballard Estate, Pb No. 688, Mumbai 400038.

2. The Jodhpur Regional Officer, Territory Manager (Retail), Bharat Petroleum Corporation Limited, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Himanshu Bumb & Mr. Govind Suthar for Mr. Manoj Bhandari, Sr. Adv.

For Respondent(s) : Mr. Jitendra Chopra Ms. Palak Mahecha

HON'BLE DR. JUSTICE NUPUR BHATI Order 10/10/2023

1. The present writ petition has been filed under Article 226 of

the Constitution of India with the following prayer:-

(i) By an appropriate writ, order or direction, the communication dated 13.12.2019 (Annex-10) passed by the respondent corporation may kindly be declared illegal and be quashed and set aside.

(ii) By an appropriate writ, order or direction, the respondents be restrained to take any coercive measures to stop the petroleum supplies to the petitioners who are running the petrol pump at

[2023:RJ-JD:34123] (2 of 3) [CW-18779/2019]

Sumerpur in the name of M/s Jaman Singh Pabu Singh till the final disposal of the Second Appeal and to cancel the license.

(iii) By an appropriate writ, order or direction, the respondent corporation be directed to execute the decree till the final disposal of the Second Appeals bearing No. 222/2018 filed by the petitioners & 4/2019 filed by the HPCL, pending before the Hon'ble Rajasthan High Court and permitted the petitioners to run the petrol pump with the same agreement with the same partners i.e. the adjudication takes place.

(iv) Any other appropriate order or direction which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

(v) Costs of the writ petition may kindly be awarded to the petitioners.

2. Learned counsel for the respondents jointly submit that the

issue involved in the present writ petition does not survives any

more for the reason that in compliance of the judgment and

decree dated 06.05.2014 (Annexure-4) passed by learned

Additional Civil Judge (Jr. Division) & Metropolitan Magistrate No.7,

Jodhpur Metropolitan and the order dated 04.10.2018 (Annexure-

5) passed by learned Additional District Judge No.2, Jodhpur

Metropolitan, the agreement on the stamp paper for dispensing

pump and selling license agreement has been entered between

the respondents-BPCL and all the four partners of the respective

firm namely 1. Sh. Bal Kishan S/o Sh. Pabu Singh 2. Sh. Ganpat

Singh S/o Sh. Kunney Singh, 3. Budh Singh S/o Sh. Pabu Singh

and 4. Kan Singh S/o Sh. Bhanwar Lal.

3. Learned counsel for the petitioners are not in a position to

refute the same.

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4. In view of the submissions made, the present writ petition

has become infructuous and the agreement dated 15.11.2022 is

taken on record.

5. Stay petition and all pending applications, if any, stand

dismissed.

(DR. NUPUR BHATI),J 22-amit/-

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