Vishal Shrikrishan Jadhav v. The State Of Maharashtra And Others

25WP14921-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14921 OF 2019 Vishal Shrikrishna Jadhav ...

Petitioner

VERSUS

The State of Maharashtra and others ...

Respondents Mr. Mahesh B. Ubale, Advocate for the petitioner, Mr. S.S. Dande, AGP for the respondent-State Mr. A.P.Bhandari, Advocate for respondent Nos. 2 and 3

CORAM

: PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATE :

16th December, 2019 ORDER:

1.

Heard learned counsel for the petitioner.

2.

The petition challenges communication dated 29.07.2019 whereby the petitioner is informed of inability of the respondent Corporation to process the complaint of the petitioner. Reasons assigned in the communication dated 29.07.2019 is of an error committed in submitting the demand draft. The communication dated 29.07.2019 also refers to enclosure of copy of the original cheque. 3.

As copy of the petition was supplied to Mr.Bhandari, the learned counsel, who normally appears for respondent Nos. 2 and 3, Mr. Bhandari acted promptly enough to seek response from respondent Nos. 2 and 3. On perusal of the afdavit-in-reply for respondent Nos. 2 and 3 through Mr. Raju Pralhad Ghate, Senior Manager(Retail Sales), Indian Oil Corporation Ltd. Aurangabad, we are of the opinion that grievance raised in the petition can be resolved by accepting the statement in

25WP14921-19 the afdavit-in-reply in paragraphs 4 and 5, more particularly, latter part of paragraph 5, which reads thus:

"However, in case the petitioner submits the Demand Draft in the desired name i.e. "Indian Oil Corporation Ltd., Aurangabad" within a period of 7 working days from today, the answering respondent will consider the grievance of the petitioner on its own merits and as per the Brochure for selection." 4.

On a specifc query put to the learned counsel appearing for the petitioner on the backdrop of the above referred statement, the learned counsel for the petitioner, on instructions, submitted before this Court that the petitioner would submit the demand draft in the desired name i.e. "Indian Oil Corporation Ltd., Aurangabad" within seven days from today.

5.

On receipt of such demand draft in the desired name within stipulated period of seven days, respondent Nos. 2 and 3 to take decision, needless to state, on merits of the application and communicate the same to the petitioner.

6.

As the above referred directions address and redress the grievance of the petitioner, the petition is disposed of in the above terms.

(ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) JPC