Rajesh Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17730 of 2013 ====================================================== Rajesh Kumar ... ... Petitioner/s

Versus

The Union Of India and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Respondent(H.P.C.L) :

Mr. Sanjay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-02-2023 Heard Mr. Rajesh Kumar, learned Counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Mishra, learned Counsel appearing on behalf of the Hindustan Petroleum Corporation Limited.

2. Mr. Sanjay Kumar Mishra, learned Counsel appearing on behalf of the Hindustan Petroleum Corporation Limited, informs this Court that pursuant to the advertisement dated 17.10.2009 published in daily newspaper for selection of distributor under R.G.G.L.V. Scheme applications were sought from interested candidate. Till date pursuant to the said advertisement, the letter of intent has not been issued in favour of any of the candidate and the Oil Company now has resolved

Patna High Court CWJC No.17730 of 2013(3) dt.21-02-2023 2/3 to come up with the fresh advertisement.

3. In view of the submission made on behalf of the Oil Company, the present writ petition needs no consideration in view of the order passed by this Hon'ble Court in LPA No. 1869 of 2011 arising out of CWJC No. 5340 of 2011 and statements contained in Paragraph Nos. 17 and 18 of the counter affidavit which are reproduced as follows:

"17. That it is also stated that due to same reasons, answering respondents re-advertise against the location/village BANMA Itahari, which was challenged in C.W.J.C. NO. 5340 of 2011 (Jagjit Kumar Anand Vs. The Hindustran Petroleum Corporation Limited & others) but Hon'ble Court has disposed of the application and justified the second advertisement with respect to the location vide order dated 08/07/2011 which has been affirmed vide order dated 07/12/2011 passed in LPA No. 1869 of 2011.

The photo copies of order dated 08/07/2011 and 07/12/2011 are being annexed herewith and marked as annexure - F & G respectively.

18. That it is submitted that the case of the petitioner is squarely covered by the aforesaid orders passed by the Hon'ble Court and under the facts and circumstances of the case as well as in acordance with the verdict of the Hon'ble Court respondents having no options other than to publish the fresh advertisement against the location "RAMGARH CHOWK" the subject

Patna High Court CWJC No.17730 of 2013(3) dt.21-02-2023 3/3 matter of this case as stated in order impugned."

4. Accordingly, the present writ petition is consigned.

(Purnendu Singh, J) Nilmani/NirajU