M/S Shri Narsingh Automobiles v. The Union Of India And ORS
Patna High Court CWJC No.13131 of 2013 dt.21-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13131 of 2013 =========================================================== M/S Shri Narsingh Automobiles having its Place of Business At and P.O- Kochi, Guraru, District- Gaya through Its Proprietor Smt. Pushpa Singh W/O Sunil Kumar R/O Koil Niwas, P.S- Patrakar Nagar, Kankarbagh, District- Patna. .... .... Petitioner/s
Versus
1. The Union of India through the Secretary Deptt., of Petroleum and Natural Gas, Govt. of India, New Delhi.
2. The Bharat Petroleum Corporation Ltd., Through The General Manager, Bharat Bhawan 2nd Floor, Plot No. 31, Kit Scheme No. 118, Prince Golam Mohammad Shah Road, Near Doordarshan Kendra, Kolkata- 700095
3. The Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Pakri, Anishabad, Patna.
4. The State of Bihar through the District Magistrate, Gaya.
5. The District Transport Officer, Gaya
6. M/S Balaji Services, Village- Burwan, Guraru, District- Gaya, through Its Proprietor Shri Prashant Kumar S/O Shri Shamsher Bahadur Singh Resident of Village- Burwan, Guraru, District- Gaya.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : None For the BPCL : Mr. Siddhartha Prasad, Mr. Om Prakash Kumar, Advocates For the State : Mr. Nishant Kumar Jha, AC to SC 28 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-08-2018 The present writ petition has been filed for quashing the letter dated 30.11.2012 bearing Ref. No. PT RNRO.BURWAN issued by the respondent Territory Manager (Retail), Bharat Petroleum Corporation Ltd. whereby the respondent no. 6 has been offered the dealership of rural outlet at Village Burwan, District Gaya preceded by letter of intent dated 18.11.2012 issued by the said respondent; and for connected reliefs.
Patna High Court CWJC No.13131 of 2013 dt.21-08-2018
2. None appears on behalf of the respondents despite repeated calls.
3. Learned counsel for the respondent-Corporation submits that the writ petition is misconceived and the petitioner has no locus standi in the matter. It has been stated in para 5 of the writ petition that the petitioner is a firm having a retail outlet under the dealership awarded by the Indian Oil Corporation at Village Kochi, District Gaya, which was established in 2004. It appears that the petitioner is seeking to champion the cause of one Rajesh Kumar, who has requested in his letter dated 31.12.2012 for issuance of fresh advertisement claiming to be eligible for consideration for award of a retail outlet.
4. Having heard learned counsel for the respondentCorporation and on consideration of the materials on record, this Court is satisfied that the petitioner has no locus standi to challenge the impugned letter dated 30.11.2012. This Court also takes note of the averments made in para 13 of the writ petition that the respondent no. 6 has already established the retail outlet in question, and has been operating the same since a few months prior to filing of the writ petition in the year 2013.
5. The writ petition is not maintainable and is dismissed as such.
(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 28.08.2018 Transmission Date NA