Nirmal Kumar Srivastava v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17743 of 2013 ====================================================== Nirmal Kumar Srivastava, son of Sri Gopi Nath Lal, Resident of VillageBharandua, P.O- Chenari, P.S- Chenari, District- Rohtas Bihar ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Government of India, Ministry of Petroleum and Natural Gas, New Delhi.

2.

The Accounts Officer, Patna LPG RO, Patna Bihar 3.

The Senior Regional Manager, Patna LPG RO, Patna Bihar 4.

The DGM, LPG SBU, East Zone, Industry House, 7th Floor 10, CAMAC Street, Kolkata- 700017 (W.B).

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

For the Petitioner/s :

Mr. Ful Man Singh, Advocate.

For the respondent Nos. 2 to 4 :

Dr. Pankaj, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-02-2023 Heard Mr. Ful Man Singh, learned counsel appearing on behalf of the petitioner and Dr. Pankaj, learned counsel appearing on behalf of the respondent nos. 2 to 4.

2. Learned counsel appearing on behalf of the respondents seeks to file hard copy of the counter affidavit. The same is accepted and be kept on record.

3. Learned counsel appearing on behalf of the petitioner submitted that he had applied for grant of LPG distributorship license under RGGLV scheme at location Chenari, District - Rohtas. He submitted that the petitioner had fulfilled all the eligibility criteria, but the Oil Company has not entered into agreement. Aggrieved by the inaction on the part of

Patna High Court CWJC No.17743 of 2013(3) dt.22-02-2023 2/3 the Oil Company, the petitioner has been forced to file the present writ petition.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had qualified in draw for selection of LPG distributorship license under RGGLV scheme and to that effect he was also communicated by respondent no.3 by letter dated 08.05.2010. The candidature of the petitioner was rejected only on the ground that petitioner was not a resident of the advertised location and he also don't possess land in his own name in terms of the advertisement. The petitioner, thereafter, represented before the respondent no.3 along with the residential certificate issued by the Circle Officer that the petitioner is resident of Mohalla - Bharandua located in village - Chenari, District - Rohtas. When no action was taken, petitioner has also submitted his complaint before the respondent no.4 - DGM, LPG SBU, East Zone, Kolkata. Petitioner has made several representations till the date of filing of the writ petition, but no action has been taken on the representation filed by the petitioner.

5. Learned counsel appearing on behalf of the respondent - Oil Company referring to Para-19 of the counter affidavit informed this Court that already an agreement has been

Patna High Court CWJC No.17743 of 2013(3) dt.22-02-2023 3/3 entered into with one Sunil Kumar Singh on 20.05.2014 and the same has been extended for further five years vide agreement dated 20.05.2019. Hence, petitioner has no locus as on date.

6. Though the petitioner is resident of the village of the advertised location, but in spite of time granted to the petitioner, petitioner could not furnish the residential certificate in terms of the advertisement. In such circumstances, the respondent entered into agreement with one Sunil Kumar Singh for LPG distributorship license under RGGLV scheme on 20.05.2014 which was extended for further five years vide agreement dated 20.05.2019.

7. In such circumstances, the present writ petition don't deserve any consideration and accordingly, it stands dismissed.

(Purnendu Singh, J) Mantreshwar aditya/- U