M/S Shaurya Fuels v. Bharat Petroleum Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10445 of 2023 ====================================================== M/s Shaurya Fuels A proprietor firm through its proprietor Lala Shakti Kumar Singh, Male, aged about 44 years, Son of Braj Lala Prasad Singh, Resident of Village - Chandasi, Post Office - Alwarpur, Police Station - Gaurichak, District - Patna.

... ... Petitioner/s

Versus

1.

Bharat Petroleum Corporation Ltd. Through its Chairman cum Managing Director, Bharat Bhavan, 4 and 6, Currimbhoy Road, Ballard Estate, Mumbai-400001.

2.

The State Head (LPG) Bihar, Bharat Petroleum Corporation Ltd, Patna LPG Territory and Bottling Plant, Fatuha Industrial Area, Mouza - Raipura, Post Office and Police Station - Fatuha, District - Patna, Bihar - 803201. 3.

The Territory Manager (LPG), Patna, Bharat Petroleum Corporation Ltd, Patna LPG Territory and Bottling Plant, Fatuha Industrial Area, Mouza - Raipura, Post Office and Police Station Fatuha, - District Patna, Bihar803201. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Adv.

Ms. Aastha Ananya, Adv.

For the Respondent/s :

Mr. Siddhartha Prasad, Adv.

Mr. Om Prakash Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-09-2023

1. The present writ petition has been filed for the following reliefs:- (I) For a writ of certiorari to quash the show cause notice dated 22.02.2023 which has been issued with a closed mind and does not meet statutory requirement and further the direction to suspend the sale and supply to the dealership for an indefinite period has caused irreparable loss to the petitioner who has invested huge money in setting up the infrastructure for the running of the dealership.

(ii) For a writ of mandamus

Patna High Court CWJC No.10445 of 2023(2) dt.05-09-2023 2/3 commanding the respondents to resume the sale and supply of Motor Spirit HSD and other petroleum products forthwith as on account of indefinite suspension of sale and supply the petitioner is suffering huge loss which would have a cascading effect on his business.

Learned counsel for the petitioner has already submitted his explanation to the show-cause notice and hearing was also conducted by the authorities in the month of April, 2023.

Learned counsel states that in spite of passage of almost five months, the authorities are yet to pass any order. Therefore, he prays this Hon'ble Court to direct the authorities to pass a reasoned order duly taking into account the explanation submitted by the petitioner.

Learned Standing Counsel appearing on behalf of the Corporation has also stated that the authorities will pass an order, if some time is granted.

Having regard to the above made submissions, the writ petition is disposed of directing the authorities to pass a reasoned order duly taking into account the explanation submitted by the petitioner for the variation in the boiling point, all the samples taken by the authorities on 02.01.2023 and also the other issues within a period of four weeks from the

Patna High Court CWJC No.10445 of 2023(2) dt.05-09-2023 3/3 date of receipt of a copy of this order. Any order passed shall be communicated to the parties.

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