Sunil Kant v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7349 of 2014 =========================================================== Sunil Kant, Son of Sri Deosaran Singh, Resident of Village - Goria Kothi, P.S. - Goria Kothi, District - Siwan .... .... Petitioner
Versus
1. The Union of India through the Secretary, Ministry of Petroleum and Natural Gases, 204. 'B' Wing Shastri Bhawan, New Delhi.
2. The Secretary, Ministry of Petroleum and Natural Gases, 204, 'B' Wing Shastri Bhawan, New Delhi.
3. The Indian Oil Corporation Ltd. Corporate Office Plot No. 3079/3, Sadiq Nagar, J.B. Tito Marg, New Delhi - 110049 through the Chairman.
4. The Chairman, the Indian Oil Corporation Ltd. Corporate Office Plot No. 3079/3, Sadiq Nagar, J.B. Tito Marg, New Delhi - 110049.
5. The Senior Area Manager, Indian Oil Corporation Ltd., 1st Floor, Shashi Bhawan, Exhibition Road, Patna.
6. Sri Pushkar Anand, Son of not known to the petitioner, Member, Field Investigation Report Committee, Indian Oil Corporation Ltd., 1st Floor, Shashi Bhawan, Exhibition Road, Patna.
7. Sri Ajit Kumar Singh Son of Late Deoki Nandan Singh, Resident of Village and P.O, Sarsad, P.S. Siwan Muffasil, District - Siwan... Respondent Ist Set
8. The State of Bihar through the District Magistrate, Siwan.
9. The Sub-Divisional Officer, Maharajganj Sub-Division, District - Siwan.
10. The Circle Officer, Goriyakothi, P.O. and P.S. Goriyakothi, District - Siwan. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Surendra Mishra, Advocate For the State : Mr. N.S. Roy, AC to Pr. AAG For the Union of India: Mr. Shyam Bihari Singh, C.G.C. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-02-2016 The present writ petition has been filed for a direction to the respondent-Company to produce on record the letter of intent issued in favour of the respondent no. 7 by the respondent-Company with respect to award of Retail Outlet Distributorship of Goriyakoti in the district of Siwan pursuant to the advertisement published in the daily Hindi Newspaper 'Dainik Jagaran' dated 17.10.2009; and
Patna High Court CWJC No.7349 of 2014 dt.15-02-2016 2/3 on production the same may be quashed; and for connected reliefs.
2. At the very outset, this Court takes note that in relation to the same matter, the respondent no. 7 had approached this Court in CWJC No. 11231 of 2015 against the order dated 05.06.2015 passed by the Collector, Siwan in Misc. Case No. 8/2015-16 by which it was held that the respondent no. 7 was not the resident of Goriyakothi since 06.11.2009. The aforesaid writ petition was disposed of by order dated 24.08.2015 with a direction to the Collector to consider the matter after grant of opportunity to the respondent no. 7 and pass a fresh order in case a different view was proposed to be taken.
3. Learned counsel for the State submits that pursuant to the aforesaid order of this Court, the Collector, Siwan has initiated Misc. Case No. 50/2015-16 which is pending, apart from the fact that LPA No. 1858 of 2015 is pending against the judgment 24.08.2015 passed in CWJC No. 11231 of 2015 at the instance of the respondent no. 10 therein, namely, Ashutosh Kumar.
4. Having regard to the entirety of the facts and circumstances of the case, the writ petition is disposed, granting liberty to the petitioner to approach the Collector, Siwan in the pending Misc. Case No. 50/2015-16 within a period of one week from today and in such event, the petitioner shall be granted a
Patna High Court CWJC No.7349 of 2014 dt.15-02-2016 3/3 reasonable opportunity of being heard and permitted to participate in the said proceeding. Learned counsel for the State shall ensure communication of the present judgment to the Collector, Siwan without delay.
(Vikash Jain, J) B.T/- U