Gopal Kumar Jha v. Bharat Petroleum Corporation Lt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3246 of 2022 ====================================================== Gopal Kumar Jha, S/o Late Diwakar Jha R/o Village and P.O. - Musapur, P.S. - Ghatho, District- Samastipur.

... ... Petitioner/s

Versus

1.

Bharat Petroleum Corporation Lt. Through the State Head, Aashiyana Tower, 1st Floor, Exhibition Road, Patna.

2.

State Head, Bharat Petroleum Corporation Lt., Aashiyana Tower, 1st Floor, Exhibition Road, Patna.

3.

Territory Manager, Bharat Petroleum Corporation Lt., Barauni, Barauni TOP Paprour, Dis- Begusarai, Bihar.

4.

Territory Coordinator, Muzaffarpur, Bharat Petroleum Corporation Lt., Village - sherpur near Narayanpur Anant Railway Station on NH -28, Muzaffarpur.

5.

Chief Manager Operation I/C (Retail), Patna Top, Bharat Petroleum Corporation Lt., Anjanpur Colony, Dasratha, Sipara, P.S. - Anishabad, Patna, Bihar - 800002.

6.

Manager Engineering (Retail), Bihar Bharat Petroleum Corporation Lt, Aashiyana Tower, 1st Floor, Exhibition Road, Patna. 7.

Nitin S Selukar S/o not known, Presently working as State Head, Bharat Petroleum Corporation Lt., Aashiyana Tower, 1st Floor, Exhibition Road, P.S. - Gandhi Maidan, District- Patna.

8.

Shubhang Datt Pandey S/o not known, Presently working as Territory Manager, Bharat Petroleum Corporation Lt., Baraui, Barauni TOP, P.s. - Barauni, Dist- Begusarai, Bihar.

9.

Rishav Kumar S/o not known, Presently working as Sales Officer in Patna Territory, Bharat Petroleum Corporation Lt., Anjanpur Colony, Dasratha, Sipara, P.S. - Abnishabad, Patna, Bihar - 800002. 10.

Abhijit Paul S/o not known, Presently working as Territory Coordinator, Muzaffarpur, Bharat Petroleum Corporation Lt., Village - Sherpur near Narayanpur Anant Railway Station on NH- 28, P.s. - Town, Muzaffarpur. 11.

Dasarathi Patra S/o not known, Presently working as Chief Manager Operation I/C (Retail), Patna Top, Bharat Petroleum Corporation Lt.,

2/4 Anjanpur Colony, Dasratha, Sipara, P.S. - Anishabad, Patna, Bihar - 800002. 12.

Md. Faiyaz Alam S/o not known, Presently working as Manager Engineering (Retail), Bihar Bharat Petroleum Corporation Lt., Aashiyana Tower, 1st Floor, Exhibition Road, P.s. - Gandhi Maidan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Thakur, Advocate For the Respondent/s :

Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-04-2022 Petitioner has prayed for the following relief(s):- "(i) For quashing the e-mail letter dated 27.12.2019 issued by the Head Territory Manager of the Bharat Petroleum Corporation Lt., Barauni Territory whereby the final selection of the petitioner for dealership of retail outlet of petrol pump at the location between Mahavir Chowk, Dalsinghsarai to Middle School, Kalyanpur on State Highway 88 in the district of Samastipur in pursuance of the online advertisement no. 361/2018 was cancelled on the ground that the petitioner did not submit CC1 certificate in the selection process.

(ii) For quashing the inquiry reports dated 10.02.2020, 15.04.2020 and 06.08.2020 (Annexures10, 11 and 14 respectively) prepared by the Territory Coordinator, Muzaffarpur, Chief Manager Operations I/C (Retail), Patna Top, State Head of the Bharat Petroleum Corporation Lt., Bihar and

3/4 Jharkhand, Patna and Manager Engineering (Retail), Bihar Patna respectively are perverse, illegal sham and mala fide in view of the admission made in the counter affidavit if CWJC No. 8229/2020 and withdrawal show-cause notice dated 29.08.2020 through the letter dated 15.01.2022.

Further, a writ of mandamus be issued;- (iii) For direction to the State Head of the Bharat Petroleum Corporation Ltd., Bihar & Jharkhand, Patna to issue Letter of Intent to the petitioner with respect to retail outlet petrol pump at the location between Mahavir Chowk, Dalsinghsarai to Middle School, Kalyanpur on State Highway 88 in the district of Samastipur in pursuance of the online advertisement no. 361/2018.

Further any other order(s) may be passed, direction(s) given or reliefs granted to the petitioner which he is entitled to in the facts and circumstances of the case."

After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition.

Unconditionally, petition is permitted to be withdrawn with cost of Rs. 5,000/- to be deposited with the Advocates' Clerks Welfare Fund, a body constituted by the practicing advocates in the High Court, to be recovered as arrears of land revenue.

4/4 Instant petition stands dismissed as withdrawn.

Interlocutory application, if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date Transmission Date