Nitesh Kumar v. The Hindustan Petroleum Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18783 of 2019 ====================================================== Nitesh Kumar Son of Bachcha Bihari Lohar resident of Village and P.O. Bithuna, P.S. Basantpur, District- Siwan.

... ... Petitioner/s

Versus

1.

The Hindustan Petroleum Corporation Limited through its Patna Retail Regional Office, 6th Floor, Lok Nayak Jaiprakash Bhavan, Dak Bungalow Chauraha, Patna- 800001.

2.

The Head of Regional Office, the Hindustan Petroleum Corporation Limited, Patna Retail Regional Office, 6th Floor, Lok Nayak Jaiprakash Bhavan, Dak Bungalow Chauraha, Patna- 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha, Advocate Mr. Ashok Kumar Varma, Advocate For the HPCL :

Mr. Rajeev Prakash, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-12-2022 Petitioner has prayed for the following relief(s):- "(i) For issuance of writ in the nature of certiorari for quashing of the letter dated 13-05-2019 issued by the Head of Regional Office, Hindustan Petroleum Corporation Limited whereby the land offered by the petitioner for setting up of retail outlet was not found suitable by the Corporation and his candidature has been rejected on that ground.

(ii) For holding that a village lane having width of 7 to 8 ft. and length of about 300 meters meets the National Highway about

Patna High Court CWJC No.18783 of 2019(2) dt.08-12-2022 2/3 50 meters ahead of the offered location but since it does not create any intersection, which has been clarified by the Ministry of Road Transport and Highways as gap in the central median be treated as intersection, it cannot be treated as intersection and the land offered by the petitioner for setting up of retail outlet cannot be rejected on the ground that it is not on the minimum distance from that very point.

(iii) For issuance of necessary direction to allot the retail outlet in favour of the petitioner on the land offered by the petitioner as it conforms to the circular issued by the Ministry of Road Transport and Highways.

(iv) For restraining the respondents from conducting any lottery group-3 applicants during the pendency of this writ application.

(v) For any other direction, which your Lordships may deem fit and proper in the facts and circumstances of the case."

Learned counsel for the respondents states that with the passage of time the present petition become infructuous inasmuch as the location in question advertised vide notice (Annexure-1, page no.17) stands dropped.

As such, the present petition is disposed of as not

Patna High Court CWJC No.18783 of 2019(2) dt.08-12-2022 3/3 pressed.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) avinash/- U