M/S Rama Fuel Ksk, v. The Chairman Indian Oil Corporation Limited,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15685 of 2024 ====================================================== 1.

M/S Rama Fuel KSK, through the Proprietor Abinash Kumar, S/o Late Ramadhar Sharma Resident of Village Loma, Post- Jandaha, P.S.- Tisiauta, Anchal Jandaha, District- Vaishali 2.

Abinash Kumar S/o Late Ramadhar Sharma Resident of Village-A3, Professor Colony, Near Aghoria Bazar Chowk, Ward No. 29, P.S.- Muzaffarpur, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The Chairman Indian Oil Corporation Limited, G-9 Ali Yavar Jung Marg, Bandra East, Mumbai.

2.

The Executive Director (ED), Bihar State Office, Indian Oil Corporation Limited, Office, Patliputra Industrial Area, Patna-800013. 3.

The General Manager (Incharge) Retail Sale, Indian Oil Corporation Limited, Office, Patliputra Industrial Area, Patna-800013. 4.

The Deputy General Manager (Retail Sales) Indian Oil Corporation Ltd., Patna Divisional Office Block-A, Maurya Lok Complex, 3rd Floor, Dack Bunglow Road, Patna-800001.

5.

The Senior Divisional (Retail Sales) Manager, DRSH, Indian Oil Corporation Ltd., Patna Divisional Office Block-A, Maurya Lok Complex, 3rd Floor, Dack Bunglow Road, Patna-800001.

6.

The Manager (RS) Patna, Indian Oil Corporation Limited, Patna Divisional Office Block-A, Maurya Lok Complex, 3rd Floor, Dack Bunglow Road, Patna-800001.

7.

Assistant Manager (RS), Vaishali, RSA, Indian Oil Corporation Limited, Patna Divisional Office Block-A, Maurya Lok Complex, 3rd Floor, Dack Bunglow Road, Patna-800001.

8.

The State of Bihar through the District Magistrate Vaishali District Magistrate Office Hajipur.

9.

The District Transport Officer, Vaishali, District Transport Office, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate.

For the Respondent/s :

Mr. Standing Counsel (22).

For the Resp. Nos. 2 to 6:

Mr. Sanjay Singh Thakur, Advocate.

Mr. Shashank Shekhar, Advocate.

For the IOCL :

Mr. Sanat Kumar Mishra, Advocate.

2/4 Mr. Anand Tiwari, Advocate.

Mr. Shantam Kriti, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 08-07-2026 Heard the learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For directing the respondents to maintain and repair equipments of the retail outlet (M/s Rama Fuel KSK, Jandaha, Mahua, District-Hajipur) which are not functioning specially the dispensing unit for regular supply of the fuel. Prersently about 15.6 thousand litres fuel has been being stored since as long span of time more or less 3 years. Since it is settled guidelines of the company (Indian Oil Corporation Ltd.) that the said equipments are to be maintained and repaired by the company only.

(ii) For directing the respondents for assistance and cooperation for renewal of licenses which have been expired or to be expired. FromIV (DTO Licence) has been expired on 31.12.2021 and petroleum & Explosive Safty organization (PESO's) online licence is going to be expired on 31.12.2024. Both are to be renewed through the respondent Company Indian oil Corporation Ltd.

(iii) For directing the respondents for payment of compensation regarding incurred loss of the Retail outlet of the petitioner in addition to litigation cost for unnecessary harassment and delay to provide essential services which had to be made by the company only.

(iv) For directing the respondnets for

3/4 further operational supports or other necessary reliefs for which petitioners is entitled on the basis of the facts, circumstances and norms/guidelines of respondent company (IOCL).

3. Learned counsel appearing on behalf of the petitioners has drawn the attention of this Court to the letter dated 27.12.2024 (Annexure-P/17) issued by the Ministry of Commerce and Industry, Petroleum & Explosives Safety Organization, Government of India wherein it is stated that renewal of the license bearing No. P/EC/BI/14/3229 (P423048) by the Government of India, Ministry of Commerce and Industry (PESO) has been given to the petitioners' unit and the same is valid till 31.12.2029.

4. Having regard to the above fact, the RespondentIndian Oil Corporation Limited (IOCL) is directed to see that the petrol dispensing unit/equiments maintained and kept functional as expeditiously as possible preferable within a period of 8 weeks form the date of the receipt of the copy of this order. It is also made clear that if any other statutory requirements are necessary for running the Retail Outlet (RO) dealership, the petitioners shall make sure that the necessary certificates are provided to the Respondent-IOCL. That in so far as the other prayer made by the petitioners challenging the show-cause notice issued by the Respondent-IOCL is

4/4 concerned, this Court is not inclined to stay or quash the said proceedings as the petitioners have already participated in the said proceedings and are free to file their show cause/explanation. The explanation filed by the petitioners shall be considered by the authority before passing any orders including the maintainability of the said show-cause notice.

5. With the above directions, the present Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U