Sihanta Devi v. The Indian Oil Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4705 of 2020 ====================================================== Sihanta Devi W/o Late Ajit Kumar, Resident of Village Bajitpur Karnail, P.S. Tajpur, District Samastipur.

... ... Petitioner/s

Versus

1.

The Indian Oil Corporation Ltd. through its Managing Director, Indian Oil Bhawan G-9, All Yavar Jung Marg, Bandra East, Mubmai, Maharashtra. 2.

The Managing Director, Indian Oil Bhawan, G-9, All Yavar Jung Marg, Bandra East, Mumbai, Maharashtra.

3.

The Head of Divisional Office, Begusarai Divisional Office Indian Oil Corporation Ltd. (M.D.), Near Barauni Refinery Police Station, District Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Respondent/s :

Mr.Sanat Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 The present writ petition has been filed seeking following reliefs:- "i. To issue an appropriate writ preferably in the nature of 'certiorari' for setting aside the email notice dated 24.07.2019 and also letter no. 1486 dated 13.08.2019 sent to the petitioner by the respondent no. 3 by which the candidature of the petitioner for grant of retail outlet Dealership for the location no. 1486 situated within 3 K.M. from Chaklal Sahi Chowk towards Patory (On Chaklal SahiPatory, Road) Block Morwa, District Samastipur bearing application no.

15456437705126 dated 24.12.2018 has been

Patna High Court CWJC No.4705 of 2020(2) dt.06-03-2020 2/3 declared to be found ineligible.

ii. To issue an appropriate writ preferably in the nature of 'Mandamus' commanding upon the respondent authorities to grant retail outlet for location no. 1486 situated within 3 K.M.

from Chaklal Sahi Chowk towards Patory (On Chaklal Sahi- Patory, Road) Block Morwa, District Samastipur.

iii. To hold and declare that the petitioner fulfill criteria (v) Group-1 as laid down by the respondent authorities in their advertisement and brochure dated 24.11.2018".

The learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a judgment rendered by a co-ordinate Bench of this Court in the case of Shankar Kumar Bhagat vs. Indian Oil Corporation Ltd., reported in 2019 (4) PLJR 663, hence, the petitioner be granted liberty to approach the respondent no.3 for redressal of his aforesaid grievances in light of the aforesaid judgment. Having regard to the short prayer made by the learned counsel for the petitioner, the present writ petition stands disposed of with liberty to the petitioner to approach the respondent no.3, the Head of Divisional Office, Begusarai Divisional Office Indian Oil Corporation Ltd. (M.D.), Near Barauni Refinery Police Station, District Begusarai, and in case

Patna High Court CWJC No.4705 of 2020(2) dt.06-03-2020 3/3 appropriate representation is filed, annexing the aforesaid judgment rendered by a co-ordinate Bench of this Court in the case of Shankar Kumar Bhagat (supra), within a period of four weeks from today, the same shall be disposed of within a period of eight weeks thereafter, by a reasoned and speaking order.

(Mohit Kumar Shah, J) Tiwary/- U