Md. Khurshid Alam v. Indian Oil Corporation Ltd,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16365 of 2021 ====================================================== Md. Khurshid Alam S/o-Late Hefazat Hussain, Resident of Village-Bhandar, P.S.-Dhaka, District-East Champaran.

... ... Petitioner/s

Versus

1.

Indian Oil Corporation Ltd, a Public Sector Company, Having its registered Officer at India Oil Bhawan, 9 Ali Yavar Jung Marg, Bandra, (East) Mumbai-400051-Having its Officer at Shashi Bhawan, 1st Floor, Exhibition Road, Patna, through its Chairman-Cum-Managing Director. 2.

The General Manager, Indian Oil Corporation Limited, Bihar State Office, Marketing Division, Eastern Region, Loknayak Bhawan, Dak Bunglow Road, P.S.-Kotwali, District-Patna.

3.

Chief Divisional Retail Sales Manager, Indian Oil Corporation Ltd. (MD) Muzaffarpur Divisional Office Krishna Complex, Akharaghat Road, Muzaffarpur- 842001, Bihar.

4.

The Head of Divisional Officer, Muzaffarpur Divisional Office, Indian Oil Corporation Ltd.

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

For the Petitioner/s :

Mr.Jitendra Kumar, Advocate For the Respondent/s :

Mr.Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ankit Katriar, learned counsel appearing for the Indian oil Corporation.

The present writ petition has been filed seeking the following reliefs :-

Patna High Court CWJC No.16365 of 2021(2) dt.01-10-2021 2/3 "(I) For issuance of writ/s in the nature of mandamus directing and commanding the respondent concerned to submit initial security deposit (Rs. 40,000/-) which has not been submitted by the petitioner on dated 31 July 2021 due to Covid-19 regarding allocated petrol pump with reference to Application no.

15456558701039.

(II) For issuance of writ/s in nature of mandamus commanding direction to the respondent concerned not to reject the candidature to allocate petrol pump with reference to Application no.

15456558701039."

The learned counsel for the petitioner, at the outset, submits that the petitioner has filed a representation which has been annexed as Annexure-7 to the present writ petition, whereby and whereunder, vide E-mail dated 12.08.2021, the petitioner has requested the respondent authorities to permit him to deposit the Initial Security Deposit amounting to a sum of Rs. 40,000/- for the purposes of allotment of petrol pump dealership, which could not be deposited in time due to the prevailing situation on account of Covid-19 Pandemic as also due to some tragedy having taken place in his family. Thus, it is

Patna High Court CWJC No.16365 of 2021(2) dt.01-10-2021 3/3 submitted that the respondent authorities be directed to consider the request of the petitioner on account of the constraints explained in the representation dated 12.08.2021. Per contra, the learned counsel for the respondent- Indian Oil Corporation submits that the respondent authorities shall definitely consider the representation of the petitioner objectively and pass appropriate orders. Accordingly, the present writ petition stands disposed of with a direction to the respondent- Corporation to consider the representation filed by the petitioner vide E-mail dated 12.08.2021, objectively and sympathetically and pass appropriate orders, in accordance with law, within a period of four weeks from today.

(Mohit Kumar Shah, J) rinkee/- U