Niraj Kumar Singh v. Indian Oil Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9789 of 2026 ====================================================== Niraj Kumar Singh, Son of Vimal Kumar Singh, Resident of VillageRahataui, P.O.-Siripur, P.S-Hathauri, District-Samastipur. ... ... Petitioner/s

Versus

1.

Indian Oil Corporation Ltd. through the General Manager-cum-State Incharge, Lok Nayak Bhawan, Dak Bungalow Chowk, Patna-1. 2.

The General Manager-cum-State Incharge, Lok Nayak Bhawan, Dak Bungalow Chowk, Patna-1.

3.

The Deputy General Manager Sales, Indane Area Office, Indian Oil Corporation Ltd. M.D., 1st Floor, Shahi Bhawan, Exhibition Road, Patna-1 4.

The Senior Manager, Samastipur, Indane Area Office, Indian Oil Corporation Ltd. M.D. 1st Floor, Shahi Bhawan, Exhibition Road, Patna. 5.

The Executive Director, Indian Oil Corporation Limited, Bihar, Patna. 6.

The Divisional Manager, Indian Oil Corporation Limited, Barauni, Begusarai.

7.

The Area Sales Officer, Indian Oil Corporation Limited, Samastipur. 8.

Sri Kundan Bal Krishnan, S/O Binod Mahto, Resident of Village-Dhobhopur Bansara, P.S.-Hayaghat, District-Darbhanga.

9.

The District Magistrate cum Collector, Samastipur. 10.

Sri Sandeep Kumar, Sub-Divisioner Magistrate, Rosera, Samatipur. 11.

Sri Amrendra Kumar, Supply Officer, Rosera, Samastipur. 12.

The Officer-in-charge, Hathori, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate.

For the Respondent/s :

Mr. Government Pleader (07).

For the IOCL :

Mr. Sanat Kumar Mishra, Advocate.

Mr. Anand Tiwari, Advocate.

Mr. Santam Kriti, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 08-07-2026 Heard the learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For issuance of a writ in the nature

Patna High Court CWJC No.9789 of 2026(2) dt.08-07-2026 2/2 of mandamus for direction to the respondents to allow to the petitioner operated petrol pump as he is partner of the petrol pump license bearing SAP Code No. 352979 of area Rautoli Shivajee Nagar, Samastipur as allotted in the name of the Respondent No. 8, as prior to issuance of license of petrol pump, Respondent No. 8 was undertake that you will be half share holder in the petrol pump on the basis an agreement which was held between them on 15.05.2024.

(ii) For further issue direction to respondents for considering the case of the petitioner as he is partner on the basis an agreement was made between the petitioner and Respondent No. 8, as petrol pump shall be run in partnership."

3. A perusal of the pleadings filed by the petitioner herein reveals that the petitioner is seeking the implementation of the agreement of partnership entered with the Respondent No. 8 who has been given the RO dealership. This Court is of the opinion that the remedy, if any, to the petitioner is to approach the civil court by way of a suit and not the writ petition under Article 226 of the Constitution of India.

4. Having regard to the same, the present writ petition is dismissed leaving it open to the petitioner to pursue his remedies as available to him under the law.

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