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Patna High CourtCWJC/18427/2017disposed

Smt. Sujata Prasad @ Sujata v. The General Manager, Indian Oil Corporation And ORS

2018-03-09Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18427 of 2017 =========================================================== Smt. Sujata Prasad @ Sujata, wife of Shri Niranjan Prasad, resident of Sector4D, Quarter No. 3089, Bokaro, Steel City, Police Station- Sector 4, DistrictBokaro (Jharkhand). .... .... Petitioner

Versus

1. The General Manager, Indian Oil Corporation, Marketing Division, Bihar State Office, Indian Oil Corporation, Loknayak Jai Prakash Bhawan, 5th Floor, Dak Bungalow Chowk, Patna.

2. The Regional Manager, Indian Regional Office, Indian Oil Corporation Ltd. (Marketing Division), P.O.- Barauni Oil Refinery, District- Begusarai.

3. The Area Manager, Indian Oil Corporation Ltd. (Marketing Division), Indane Area Office, Begusarai, P.O.- Barauni Oil Refinery, District- Begusarai (Bihar)- 851114.

4. Smt. Sarika Priyadarshi, wife of Gunjan Kumar Priyadarshi, resident of Sikad Garh, Tola Kahalgaon, Ward No. 6 (Old), New Ward No. 7, Police StationKahalgaon, District- Bhagalpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ram Chandra Singh Mr. Jitendra Kumar Singh, Advocates.

For the IOC : Mr. Anil Kumar Jha, Sr, Advocate. Mr. S.K. Mishra, Advocate.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-03-2018 The present writ petition has been filed for the following reliefs - "(i) For quashing the decision taken with regard to selection of the respondent no. 4 for the dealership of LPG for the location Sabour, Bhagalpur which was communicated to the petitioner vide letter dated 15.03.2017 (Annexure-P-11) and letter dated 05.10.2017;

(ii) For stay the further process of the establishment of the said regular LPG Distributor till the disposal of the instant writ application;

(iii) To issue direction to the official respondents to hold fresh draw for selection of LPG Distributor for the location of Sabour, Bhagalpur after declaring the respondent no. 4 as disqualified;

(iv) To issue direction to the official respondents to produce letter of selection for LPG Distributor for the location of Sabour, Bhagalpur in favour of the respondent no. 4; and (v) To grant any other relief(s) in the particular facts and circumstances of the case."

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 26.07.2016 (Annexure-P-5) filed before the Regional Manager, Indian Regional Office, Indian Oil Corporation Ltd. (Marketing Division), Begusarai (Respondent No. 2) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Regional Manager, Indian Regional Office, Indian Oil Corporation Ltd. (Marketing Division), Begusarai (Respondent No. 2) to consider and dispose of the petitioner's representation dated

26.07.2016 (Annexure-P-5), if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.03.2018 Transmission Date N.A.