Om Prakash v. Indian Oil Corporation Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18526 of 2016 ====================================================== Om Prakash, son of Late Madanmohan Lal, r/o Mohalla Belwarganj, P.S. Gulzarbagh, P.S. Alamganj, District Patna.

... ... Petitioner/s

Versus

1. Indian Oil Corporation Ltd. through its General Manager cum State Incharge, Lok Nayak Bhawan, Dakbunglow Chauk, Patna - 800001

2. General Manager cum State Incharge (I.O.C.), Lok Nayak Bhawan, Dakbunglow Chauk, Patna - 800001

3. The Chief Divisional Retail Sales Manager, Indian Oil Corporation Limited, Block-A Maurayalok Complex (3rd Floor), Dakbunglow Chauk, Patna - 800001 4.

Chitranjan Kumar, s/o Late Vidyadhar Prasad Singh, R/o- Village & P.O. - Ghoswari, P.S. Bakhtiyarpur, District Patna.

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

For the Petitioner/s :

Mr.Sanjay Mandal, Advocate For the Respondent/s :

Mr.Ankit Katriar, Advocate :

Mr. Prashant Kumar, Advocate.

====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 06-12-2024 I.A. No. 2115 of 2017

1. I.A. No. 2115 of 2017 is filed to amend the paragraphs in the main Writ petition as 20(a)(b) and (c) with a prayer to issue a writ of mandamus directing the respondent authorities to consider the complaint dated 21.10.2016 filed by the petitioner alongwith relevant documents in terms of Brochure dated 21.05.2014 against Chitranjan Kumar (the selected bidder now) for

Patna High Court CWJC No.18526 of 2016(9) dt.06-12-2024 2/3 selection of R.O. Dealership at Sl. No. 172, Location - NH - 30 (New Bakhtiyarpur Road) between milestone 224 and 230 on Patna - Bakhtiyarpur stretch under open category pursuant to advertisement dated 26.02.2014 (Sl. No. 172) as per the provisions laid down and in accordance with law and further a consequential order may be passed in the Writ petition in the nature of Certiorari for quashing the result of draw of lots and subsequent development arisen thereafter and to consider the petitioner's bonafide candidature as sole applicant and during pendency of the complaint dated 21.10.2016, further process and outcome of draw of lots may kindly be stayed.

2. During course of argument, it is brought to the notice of this Court that the complaint dated 21.10.2016 was disposed of long back. Therefore, no cause of action survives.

3. Therefore, I.A. No. 2115 of 2015 is dismissed as infructuous.

Patna High Court CWJC No.18526 of 2016(9) dt.06-12-2024 3/3 Re:- C.W.J.C. No. 18526 of 2016

4. The Learned counsel for the petitioner reports to the Court that many subsequent developments have occurred after filing of the Writ petition for which he has filed Interlocutory Applications for amendment but the amendment runs into more than ten pages. At this juncture the Learned counsel for the petitioner seeks permission to withdraw the Writ petition and to file a fresh Writ petition bringing on record all the subsequent developments.

5. Permission is accorded.

6. Accordingly, with the aforesaid liberty, the Writ petition is dismissed as withdrawn.

(G. Anupama Chakravarthy, J) amitkr/- U