Upendra Yadav v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12431 of 2017 =========================================================== Upendra Yadav, Son of Janak Yadav, Resident of Village & P.O.- Kamalpur, TolaGhirit Kundali, P.S.- Pandaul, District- Madhubani. .... .... Petitioner

Versus

1. The Union of India through the Secretary, Ministry of Petroleum & Natural Gas, Shastri Bhawan, New Delhi 110001.

2. Hindustan Petroleum Corporation Ltd. through its Chairman- cum- Managing Director, 17, Jamshedji Tata Road, Mumbai- 400020.

3. The General Manager, Retail Hindustan Petroleum Corporation Ltd. (North Central Zone), Plot No. 1, Nehru Enclave, Gomti Nagar, Lucknow- 226010.

4. The Senior Regional Manager- Retail, Hindustan Petroleum Corporation Ltd., Begusarai Retail Regional Offie, Raghunath Place, Har-Har Mahadeo Chowk, NH- 31, District- Begusarai- 851101.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ratnesh Kumar Singh, Advocate. For the Respondents : Mr. Neeraj Kumar Gupta, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-02-2018 The present writ petition has been filed for the following reliefs:

(I) To quash the order contained in letter issued vide Ref. BRRO/MKS/RET/DS dated 27.02.2017 by which candidature of petitioner for award of Retail Outlet Dealership at Location "ANH 57" from Sakri to Jhanjharpur towards Supaul on Left Hand Side" in the District of Madhubani, has been rejected on the ground that his candidature has not been found to be eligible for RO Dealership as "Existence of rural road at a distance of 210 mtrs".

(II) To direct the respondents to consider the

candidature of petitioner for award of Retail Outlet Dealership at location "ANH 57, from Sakri to Jhanjharpur towards Supaul on Left Hand Side" in the District of Madhubani, published vide Advertisement dated 17.11.2014 and to issue LOI in favour of the petitioner."

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation filed on 13.04.2017 (Annexure-10) before the Senior Regional Manager, Retail, Hindustan Petroleum Corporation Ltd., Begusarai Retail Regional Office, Reghunath Place, Har Har Mahadeo Chowk, NH-31, DistrictBegusarai (Respondent No. 4) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Senior Regional Manager, Retail, Hindustan Petroleum Corporation Ltd., Begusarai Retail Regional Office, Reghunath Place, Har Har Mahadeo Chowk, NH-31, District- Begusarai (Respondent No.

4) to consider and dispose of the petitioner's representation filed on 13.04.2017 (Annexure-10), if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from

the date of receipt/production of a copy of this judgment.

5. Needless to say, that the petitioner shall cooperate in the matter and comply with all requirements in accordance with applicable Rules, Regulations etc.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.02.2018 Transmission Date N.A.