Ranjan Kumar Rajesh v. Indian Oil Corpn.Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.572 of 2008 ====================================================== Ranjan Kumar Rajesh son of Sri Mahendra Prasad Singh, resident of village and P.O. Bajrana, P.S.Alam Nagar District Madhepura.... .... Petitioner/s

Versus

1. The Indian Oil Corporation Limited At G-9 Aliyavarganj Marg, Bandra (East) Mumbai - 400051

2. Area Manager, Indian Oil Corporation Limited (Marketing Division) Indane Area Office, Shashi Bhawan, Ist Floor, Exhibition Road, Patna-1

3. Dealer Selection Committee, 2nd floor, Industries, Association Building, Sinha Library Road, Patna -2.

4. Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited (MD) Patna Divisional Office, Maurya Lok Complex, Dak Banglow Road, Patna-1.

5. Senior Divisional Sales Manager, Indian Oil Corporation Limited (MD), Begusarai Division, Office, P.O. Barauni Refinary, District Begusarai851114

6. Om Jii, son of not known at and P.O. Itahari, P.S.Alam Nagar, Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan, Advocate For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 17-04-2015 Heard learned counsel appearing on behalf of the petitioner. However, none appears on behalf of the respondents, though name of learned counsel appearing on their behalf is printed in the daily cause list.

2. The writ petition was filed way back in the year 2008. By order dated 22.11.2011, notices were issued to the respondents, but till date, no counter affidavit has been filed on their behalf controverting the claims raised on behalf of the petitioner.

3. In the factual matrixes of the case which is apparent from the writ petition filed on behalf of the petitioner, this Court is of the opinion that no useful purpose shall be served by keeping the present matter pending any longer awaiting the counter affidavit on behalf of the respondents, but the interest of justice

Patna High Court CWJC No.572 of 2008 (5) dt.17-04-2015 2/2 shall be subserved if the petitioner is granted liberty to file a comprehensive representation before the respondent no.4 or any other competent authority of the Indian Oil Corporation Limited (respondent no.1) with all supporting documents for grant of appropriate reliefs. It is ordered accordingly.

4. If such a comprehensive representation is filed on behalf of the petitioner within a period of four weeks from today with a certified copy of the present order, then the respondent no.4 either himself or any other competent authority of the respondent Indian Oil Corporation Limited shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned, at an early date preferably within a period of three months from the date of filing of such representation.

5. If on consideration of the materials, the competent authority of the respondent Oil Indian Corporation Limited comes to a conclusion that the claims raised in behalf petitioner are admissible to him, then consequential orders shall also be issued for grant of such admissible claims to the petitioner without any unnecessary further delay.

6. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and this is left to be decided by the competent authority of the respondent Indian Oil Corporation Limited strictly in accordance with law.

7. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U