Sonam Kumari, v. Indian Oil Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24173 of 2019 ====================================================== Sonam Kumari, W/o Sri Anshu Kumar, R/o Village-Madhubani, P.O.- Madhubani, P.S.-Sangrampur, District-East Champaran. ... ... Petitioner/s

Versus

1.

Indian Oil Corporation Ltd. through its General Manager cum State Incharge, Lok Nayak Bhawan, Dakbunglow Chowk, Patna-800001. 2.

General Manager cum State Incharge, IOCL Lok Nayak Bhawan, Dakbunglow Chowk, Patna-800001.

3.

The Deputy General Manager (LPG Sales), Patna Area Office, Indian Oil Corporation Limited, Patna-800001.

4.

The Assistant General Manager (LPG-Sales), Patna Area Office, Indian Oil Corporation Limited, Patna-800001.

5.

The Field Verification Committee through Assistant Manager IOCL, (Plant) / Muzaffarpur Bottling Plant, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddhartha Prasad, Advocate For the Respondent/s :

Mr. Amlesh Kumar Varma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-01-2023 Petitioner has prayed for the following relief(s):- "That the instant writ application is being filed for issuance of appropriate writ(s) order(s)/ direction(s) for quashing the letter dated 12.11.2019 of the respondent oil company whereby and where under the candidature of petitioner for LPG Distributorship has been rejected for erroneous reasons unsustainable in law and the facts of the case. The petitioner also

2/4 prays for restraining the respondent oil company from holding fresh draw of lots for the advertised location i.e. Shankar Saraiya in the District of East Champaran. The petitioner further prays for a direction to the respondent oil company to issue Letter of Intent (LOI) in favour of the petitioner and any other relief reliefs that the petitioner is entitled to in the fact and circumstances in the case."

In view of the attending facts and circumstances, learned counsel for the petitioner fairly states that petitioner may be permitted to approach the Respondent No. 4, namely, The Assistant General Manager (LPG-Sales), Patna Area Office, Indian Oil Corporation Limited, Patna for venting out the grievances, subject matter of the present petition. Learned counsel for the respondents states that if petitioner approaches and files a representation, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned

3/4 i.e. Respondent No. 4, namely, The Assistant General Manager (LPG-Sales), Patna Area Office, Indian Oil Corporation Limited, Patna by filing a representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

4/4 (g) We have not expressed any opinion on merits of the matter. All issues are left open;

(h) We expect that the appropriate authority shall consider and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of its presentation.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date