Irshad Alam v. The General Manager, Bharat Petroleum Corporation Limited B P C L And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15590 of 2018 ====================================================== Irshad Alam Son of Late Gulab Hussain, Resident of Village-Telpur, Ward No. 8, P.O.-Telpur, P.S.-Lauriya, District-West Champaran. ... ... Petitioner

Versus

1.

The General Manager, Bharat Petroleum Corporation Limited (B P C L) Bharat Bhawan, 4 and 6 Currimbhoy Road, Ballard Estate, Mumbai - 400001.

2.

The Manager, LPG Distribution, BPCL, Patna.

3.

The Deputy Manager, LPG Distribution, BPCL, Patna. 4.

The Area Manager, LPG Distribution, BPCL, Muzaffarpur. 5.

Om Prakash Mishra Son of Late Vibhuti Mishra, Application no. 0307307212082017, Resident of Village-Taulaha, P.S.-Ramnagar, DistrictWest Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate Ms. Rashmi Jha, Advocate For the BPCC :

Mr. Om Prakash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-04-2019 The petitioner is aggrieved by the decision taken by the respondent Bharat Petroleum Corporation Limited (in short 'BPCL') to select respondent no. 5 for LPG dealership. Learned counsel for the petitioner submits that respondent no. 5 has got selected in complete violation of the guidelines as contained in Clause 26(a) to (d) of the brochure of the 'BPCL'. It is submitted that the petitioner has submitted his objection as contained in Annexure-3 to the writ application with the Regional Manager, LPG, Muzaffarpur, however the same has not been considered.

Mr. Om Prakash Kumar, J.C. to Mr. Sidhharth Prasad,

Patna High Court CWJC No.15590 of 2018(2) dt.12-04-2019 2/2 learned counsel for the 'BPCL' appears and has placed before this court a copy of the letter of appointment dated 31.01.2019 issued in the name of respondent no. 5.

In the given facts and circumstances, this court finds that the petitioner has already submitted his objection with the Regional Manager, 'BPCL'. The same has yet not been looked into and, therefore, instead of going into the merit of the contention of the petitioner, it would be just and proper to direct the Regional Manager, 'BPCL', to whom representation has been made, to look into the grievance of the petitioner and take a decision therein. Let the Regional Manager consider and dispose of the representation of the petitioner within sixty days from the date of receipt/production of a copy of this order. It goes without saying that in case any adverse order is likely to be passed against respondent no. 5 he will be given an opportunity of hearing before passing the order.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U