Yugal Kishore Khetan v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6857 of 2010 ====================================================== Jugal Kishore Khetan, S/O Late Gouri Shankar Khetan, R/O Mohalla Purani Bazar,P.O.&P.S. Lakhisarai,District- Lakhisarai. .... .... Petitioner/s

Versus

1. The Union of India through the Secretary, Department of Petroleum and Natural Gas, New Delhi.

2. The Secretary, Department of Consumer Affairs and Public Distribution, New Delhi.

3. The Managing Director, Bharat Petroleum Corporation Limited, Bharat Bhawan No. 1,Ballard Estate, Post Box No. 688,Mumbai-400038.

4. The Senior Sales Manager (B.G.P.) Bharat Petroleum Corporation, Ashiana Chamber, Exhibition Road, Patna.

5. The Senior Sales Officer, Bharat Petroleum Corporation, Bhagalpur.

6. The Territory Manager, Bharat Petroleum Corporation Ltd. Territory Barauni, At And P.O.- Barauni, District-Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Prasad For the Respondent no.1 : Mrs. Kanak Verma For the Respondent no.3: Mr.Sanjay Singh Mr.Apurva Harsh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-03-2015 Heard the parties.

In view of the nature of grievances/claims raised on behalf of the petitioner in paragraph no.1 of the present writ petition, this Court is of the opinion that interest of justice shall be sub-served if the petitioner is granted liberty to file a comprehensive representation with all supporting documents before the respondent no.3, raising all the pleas, which have been raised in the present proceeding. It is ordered accordingly. If such a comprehensive representation is filed by the petitioner within a period of four weeks from today with a certified copy of the present order, then the respondent no.3 either himself or any other competent authority of the Bharat Petroleum

Patna High Court CWJC No.6857 of 2010 (3) dt.09-03-2015 Corporation Limited shall be obliged to consider and decide the grievances/claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order at an early date preferably within a period of three months from the date of filing of such comprehensive representation by the petitioner. If on consideration of the materials, the competent authority comes to a conclusion that the grievances/claims raised on behalf of the petitioner are admissible to him, then the consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and the same is left to be decided by the respondent no.3 or any other competent authority of the Bharat Petroleum Corporation Limited strictly in accordance with law in view of the fact that no counter affidavit has been filed on behalf of the respondents despite order dated 21.04.2010 passed by a Bench of this Court.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U