Lali Devi v. The Indian Oil Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16308 of 2019 ====================================================== Lali Devi Wife of Late Dinanath Singh Resident of Ward No.5, Sasaram Road, Patel Nagar, P.S. - Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The Indian Oil Corporation Limited through its Chairman, G-9, Ali Yaver Jung Marg, Bandra East, Mumbai, Maharashtra.

2.

The General Manager Indian Oil Corporation Ltd. Bihar State Office, Jai Prakash Bhawan, Dak Bungl.

3.

The Chief Divisional Manager Indian Oil Corporation Ltd., Maurya Lok complex, Block- A 3rd Floor, Patna.

4.

The Chief Divisional Retail Sales Manager, Patna Divisional Office. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Respondent/s :

Mr. Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-12-2022 Petitioner has prayed for the following relief(s): "(i) For issuance of writ of certiorari for quashing the dated 15.7.2019 issued by the respondent Indian Oil Corporation by which the respondent Corporation has stopped the supply/sale of the dealership of the petitioner namely Jai Jawan Kerosene Store.

(ii) For issuance of a writ of mandamus directing the respondent Indian Oil Corporation to restore the supply to the dealership of the petitioner namely Jai Jawan Kerosene Store.

Patna High Court CWJC No.16308 of 2019 dt.15-12-2022 2/3 (iii) During pendency of this writ application stay the operation of the order contained in letter dated 15.7.19 issued by the respondent corporation.

(iv) For any other relief(s) as your lordships may deem fit and proper in the interest of justice."

Shri Ankit Katriar, learned counsel for the respondents states that no sooner petitioner complies with the formalities in terms of the revised policy of reconstitution of the firm in relation to the depo in question, the application shall be processed expeditiously in accordance with law. Learned counsel for the petitioner states that within two months from today, the application in terms of the revised policy for reconstitution shall be filed annexing affidavits of all the legal heirs in whose favour the initial allotment was made. We dispose of the present petition with the direction to the respondents to positively decide the application to be filed by the petitioner expeditiously and within a period of four weeks thereafter.

Needless to add, action shall be in accordance with law and in compliance of the principles of natural justice. Liberty reserved to the petitioner to agitate the

Patna High Court CWJC No.16308 of 2019 dt.15-12-2022 3/3 issue, should the need so arise.

Interlocutory Application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Saurabh/Sujit AFR/NAFR CAV DATE Uploading Date 16.12.2022 Transmission Date