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Patna High CourtCWJC/18239/2017disposed

Gulaichi Devi v. The Bharat Petroleum Corporation Ltd. Through Its Chairman And ORS

2018-01-23Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18239 of 2017 =========================================================== Gulaichi Devi, Wife of Late Nand Lal Ram, Resident of Village- Chakarwa Khas, P.S.- Bhore, District- Gopalganj.

.... .... Petitioner

Versus

1. The Bharat Petroleum Corporation Ltd. through its Chairman, Bharat Bhawan, 4 and 6, Currimbhoy Road, Balard Estate, P.B. No.688, Mumbai.

2. The Director (Marketing), Bharat Petroleum Corporation Ltd, Bharat Bhawan, 4 and 6, Currimbhoy Road, Balard Estate, P.B. No.688, Mumbai.

3. The Head (Retail East), Bharat Petroleum Corporation Ltd., 31 Prince Gulam Md. Sah Road, Kolkata.

4. The Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Muzaffarpur.

5. The Sales Officer, Bharat Petroleum Corporation Ltd., Muzaffarpur.

6. The Assistant Manager, Construction, Bharat Petroleum Corporation Ltd., Muzaffarpur Territory, Muzaffarpur.

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

For the Petitioner : Mr. Satyavrat Verma, Advocate. For the BPCL : Mr. Siddhartha Prasad : Mr. Om Prakash Kumar, Advocates.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-01-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the three Authorizations all dated 23.11.2017 (Annexures17, 17/1 and 17/2) by which, inter alia, the equipments of the petitioner's deceased husband has been authorized to transport to Retail Outlet M/s Maa Tara Fuels, Kanhauli, Muzaffarpur; and for consequential reliefs not to uproot the machines lying in the premises

of Bhore Service Station, Gopalganj for the time being.

3. Learned counsel for the petitioner states that the husband of the petitioner was running the Retail Outlet namely, Bhore Service Station, Gopalganj who however died on 25.01.2017. The license of the Retail Outlet was cancelled during his lifetime on 08.11.2016 which was made the subject matter of the appeal which has been filed before the Director (Marketing), Bharat Petroleum Corporation Limited, Bharat Bhawan, 4 and 6, Currimbhoy Road, Ballard Estate, P.B. No. 688, Mumbai (respondent no. 2) said to be pending, and such appeal would be pursued by the petitioner.

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

5. Having regard to the grievance of the petitioner, the writ petition is disposed of with a direction to the Director (Marketing), Bharat Petroleum Corporation Limited, Bharat Bhawan, 4 and 6, Currimbhoy Road, Ballard Estate, P.B. No. 688, Mumbai (respondent no. 2) to consider and dispose of the appeal (Annexure14), if still pending, in accordance with law expeditiously and in any event within a period of eight weeks from the date of receipt/production of a copy of this judgment.

6. The respondents are directed not to take any coercive steps pursuant to the impugned authorizations until disposal of the appeal as aforesaid.

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

Uploading Date 24.01.2018 Transmission Date N.A.