Nitu Kumari v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12172 of 2016 ===========================================================

1. Nitu Kumari Wife of Vinod Kumar, Resident of Village- Ramgarh, P.O.- Siswan, P.S.- Siswan, District- Siwan.

.... .... Petitioner/s

Versus

1. The Union of India through Secretary of Petroleum and Natural Gas Ministry.

2. The MD. of Indian Oil Corporation, Eastern Region, Marketing Division, Indene Area Office, Patna.

3. The Chief Area Manager, Patna Area Office, Indian Oil Corporation, Limited, First Floor, Shahi Bhawan, Exhibition Road, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey For the Respondent/s : Mr. S.D SANJAY (ADDL. SOC. GEN.) =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-02-2017 Heard learned counsel for the petitioner and learned counsel for the Indian Oil Corporation.

In the present writ petition, petitioner is challenging the dealership which has been allotted to one Kavita Kumari under Rajiv Gandhi LPG Vitrak (hereinafter referred to as RGGLV) at Ramgarh, District Siwan.

The Indian Oil Corporation has issued an advertisement for appointment of dealership under RGGLV. The petitioner has also applied for the dealership. Though the petitioner after

Patna High Court CWJC No.12172 of 2016 dt.27-02-2017 interview was shown first in the merit list but his candidature has been rejected on the ground that godown was not found connected with all season road ultimately granted dealership to one Kavita Kumari. Grievance has been raised that godown which was constructed by Kavita Kumari was not established in the year 2013 but after purchase of connecting land has made godown accessible round the year. Learned counsel for the petitioner submits that the ground on which petitioner's claim has been rejected same yardstick should be applied to the case of Kavita Kumari also, but wrongly the authority has issued dealership in favour of Kavita Kumari. Petitioner has filed application before the Managing Director, Indian Oil Corporation, Patna.

The Managing Director, Patna is directed to examine the case of the petitioner and will dispose of the same after giving due notice to Kavita Kumari who has been given dealership under RGGLV by a reasoned order within a period of two months from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction this writ

Patna High Court CWJC No.12172 of 2016 dt.27-02-2017 petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 1.3.2017 Transmission Date