Mahesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16058 of 2018 ====================================================== Mahesh Kumar Son of Jagarnath Prasad Singh, resident of Power House Chowk, Police Station- Begusarai, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

4.

The Commissioner, Tirhut Division, Muzaffarpur. 5.

The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department 6.

The Executive Engineer, Public Works Department Road Construction Department 1, Muzaffarpur, Bihar 7.

The General Manager, Indian Oil Corporation, Marketing Division, Bihar State Office, IOC, Loknayak 8.

Senior Manager Indian Oil Corporation, Begusarai, Divisional Office, Barauni Oil Refinery, Begusara 9.

Sri Janak Ram, Son of Presently Not known to the Petitioner, resident of Madnani Gali Opposite Jubba Sahni Park, P.O.- Ramna DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Respondent/s :

Mr.Raj Ballabh Prasad Yadav -Aag11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 10.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief:

Patna High Court CWJC No.16058 of 2018(2) dt.06-01-2020 2/3 "For issuance of a writ in the nature of mandamus commanding the respondents not to grant dealership of Petrol/Diesel (Fuel Station and Service Station) outlet for the location of Narayanpur Anant, Ward No. 49, Bela Chhapra, Near Narayanpur Anant Railway Station, Muzaffarpur, further, the respondents be restrained from commissioning the fuel station as the same is against the rules and norms for installing Petrol/Diesel Outlet.

The petitioner further prays for an appropriate enquiry as why and how no dues certificate for installing fuel station has been issued in favour of the respondent no.9 by authorities ignoring the prescribed rules and norms for the same.

Further, the petitioner prays for issuance of any other appropriate writ/writs, order/orders and/or direction/directions to which the petitioner is found entitled."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Patna High Court CWJC No.16058 of 2018(2) dt.06-01-2020 3/3 Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U