Sheo Kumar Mochi v. Indian Oil Corporation Through General Manager And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19721 of 2018 ====================================================== Sheo Kumar Mochi, son of- Moti Mochi, resident of Vill and P.O.- Bhadsara, P.S.- Kako, District- Jehanabad.

... ... Petitioner/s

Versus

1.

Indian Oil Corporation through General Manager, Jay Prakash Bhavan, Dak Bunglow, Patna.

2.

The Chief Area Manager Indian Oil Corporation, Jay Prakash Bhavan, Dak Bunglow, Patna, at present First Floor, Shashi Bhawan, Exhibition Road, Patna.

3.

The Area Manager Indian Oil Corporation, Jay Prakash Bhavan, Dak Bunglow, Patna.

4.

Gupteshwar Mishra, Son of Shri Shivdeep Mishra, Resident of Sheo Comples, Bikramganj, Ara- Sasaram Road, P.S.- Bikramganj, DistrictRohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nikhil Kumar Agrawal, Advocate.

For the Respondent/s :

Mr. K. D. Chatterji, Senior Advocate with Mr. Amlesh Kumar Varma, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-01-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "....for issuance of a writ in the nature of a writ of certiorari or any other appropriate writ, order or direction, for quashing the letter dated 04.03.2016 having Ref; PAO/RAJ/ENT as contained in Annexure P/16 whereby distributorship of the petitioner has been attached with another distributor and it is further prayed for the issuance of a

2/4 consequential writ in the nature of a writ of mandamus or any other appropriate writ, order or direction commanding the respondents IOC to restore supply of the LPG cylinders to the distributorship of the petitioner."

3. In the counter affidavit filed by the Respondent Nos. 1 to 3 at Paragraph Nos. 23 and 24 it is stated as under:- "23. That with regard to the statements made in Paragraph No. 25, it is submitted that when the District Administration unlocks or hands over the possession of the LPG distributorship to the distributor/Petitioner, the respondent corporation shall take all measures to restart the supply of LPG cylinders to the petitioner, in accordance with its policies.

24. That in the aforementioned facts and circumstances, the respondent corporation had issued a letter dated 13.12.2018, to the Sub-divisional Magistrate, Bikramganj, Rohtas requesting him to hand over the key to the authorized proprietor of M/s Raj Enterprises (the petitioner) so that the LPG distributorship operations can be restored.

4. Learned counsel appearing on behalf of the petitioner has also drawn the attention of this Court to the document (Annexure R/1) which is a letter bearing Ref: POA/LPG/RAJ Ent dated 13.12.2018 written by the Respondent-IOCL to the Sub-divisional Magistrate,

3/4 Bikramganj, Rohtas. Learned counsel, further, submits that pursuant to the said letter the District Administration has also handed over the premises to the Respondent-IOCL but the Respondent-IOCL is still sitting tight over the same. Learned counsel seeks a direction from this Court to direct the Respondent-IOCL to complete the process of restoring the LPG Distributorship and commencement of supply in favour of the petitioner by fixing a time frame.

5. Learned Senior Counsel appearing on behalf of the Respondent-IOCL has not controverted the letter dated 13.12.2018 (Annexure R/1) nor the statement made by the learned counsel appearing on behalf of the petitioner.

6. Having regard to the same, the present writ petition is disposed of directing the Respondent-IOCL to complete the process of restoring the LPG Distributorship and commencement of supply in favour of the petitioner as expeditiously as possible preferably within a period of 6 weeks from the date of the receipt of the copy of this order. In case, the authority needs any clarifications or any other statutory legal requirements are to be fulfilled, the same shall be brought to the notice of the petitioner by way of written notice and the petitioner shall comply with the same.

4/4

7. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U