Damyanti Kumari @ Pushpa Devi v. The Bharat Petroleum Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1477 of 2021 ====================================================== Damyanti Kumari @ Pushpa Devi Wife of Sri Anil Singh Resident of VillageParuhar, Police Station-Dehri-on-Sone, District-Rohtas. ... ... Petitioner/s

Versus

1.

The Bharat Petroleum Corporation Limited through its General Manager, 12/and F, Maker Towers, Cuffe Parade, Post Box No.19949, Mumbai400005. 2.

Director Marketing, Bharat Petorleum Corporation Limited, 12/E and F, Maker Towers, Cuffe Parade, Post Box No.19949, Mumbai-400005. 3.

Executive Director (Retail) Bharat Petorleum Corporation Limited, 12/E and F, Maker Towers, Cuffe Parade, Post Box No.19949, Mumbai-400005. 4.

Head of Territory Office, Bharat Petorleum Corporation Limited, T.M. Retail, Patna, T.O.P. Pakari, Via-Anisabad, Patna-800002. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-11-2021 Petitioner has prayed for the following relief(s):- " 1. That this is an application for issuance of an appropriate writ/writs directing the respondents to grant Retail Outlet Dealership of Bharat Petroleum in favour of petitioner at between K.M. Stone 13 and 16 on RHS from Dehri towards Bikramganj on SH-15, District -Rohtas under open category advertised on 25.11.2018 after setting aside the letter dated 13.01.2020 by which candidature of the petitioner has been cancelled on the ground that she failed to deposit the required documents within time and or to grant any other relief or reliefs for

Patna High Court CWJC No.1477 of 2021 dt.16-11-2021 2/3 which petitioner is legally entitled in the facts and circumstances of the case."

After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies as are otherwise permissible and admissible in accordance with law as also represent to Respondent No. 2, namely, Director Marketing, Bharat Petroleum Corporation Limited, 12/E & F, Maker Towers, Cuffe Parade, Past Box No. 19949, Mumbai-400005, venting out the grievances, subjectmatter of the present petition. Prayer allowed. Liberty, as prayed for, is granted.

Without expressing any opinion on merits, leaving all questions of fact and law open, the present application is disposed of as withdrawn with the liberty aforesaid.

We expect that the appropriate authority shall consider and decide the petitioner's application/request expeditiously and preferably within a period of six months from the date of its presentation.

While considering such representation, the

Patna High Court CWJC No.1477 of 2021 dt.16-11-2021 3/3 period for which the petitioner has been pursuing the present petition shall not be counted for the purposes of limitation. Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA