Shri. Kisan Dnyandeo Bankar v. State Co-Ordinates Oil Industry, Maharashtra Bharat Petroleum Corporation Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3802 OF 2014 Shri Kisan Dnyandeo Bankar.

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Petitioner Vs State Co­ordinates Oil Industry, Maharashtra Bharat Petroleum Corporation Ltd. And Others.

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Respondents ­­ Shri Umesh R. Mankapure for the Petitioner.

Shri Shivprasad R. Page for the Respondent Nos.1 and 2. Shri Milind Deshmukh for the Respondent No.3. ­­ CORAM :

A.S. OKA & V.LACHLIYA, JJ DATED :

27TH OCTOBER 2015 P.C.

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Heard the learned counsel appearing for the Petitioner, the learned counsel appearing for the first and second Respondents and the learned counsel appearing for the third Respondent. The Petition is forthwith taken up for final disposal.

2.

The Applications were invited for grant of retail outlet/ dealership of the second Respondent for the location of Phaltan­Satara (before Pusegaon Phata), Taluka Phaltan, District - Satara. An Application was made by the Petitioner as well as the third Respondent on the basis of the advertisement dated 13th March 2012 published by the first Respondent.

3.

As the Petitioner was not selected, a complaint was filed by the Petitioner before the Grievance Cell. The complaint was disposed of by the communication dated 9th October 2013.

4.

On the earlier date when the Petition was heard, we had pointed out that all the grievances made by way of complaint have not been dealt with by the Senior Manager, Dealer Selection (West) of the second Respondent. The Petition was adjourned to enable the learned counsel appearing for the second Respondent to take instructions. 5.

The learned counsel appearing for the second Respondent does not dispute that all the grievances were not dealt with. He submits that if this Court passes an order to that effect, all grievances of the Petitioner will be dealt with in accordance with law. 6.

In view of this statement, we dispose of the Petition by passing the following order:

ORDER:

(a) The communication dated 9th October 2013 (Page 41 of the Petition) is hereby set aside;

(b) We direct the appropriate officer of the second Respondent to decide the complaint dated 1st November 2012 filed by the Petitioner afresh; (c) Complaint shall be decided afresh as expeditiously as possible and in any event on or before 31st December 2015;

(d) We make it clear that all the grievances made in the complaint dated 1st November 2012 shall be dealt with by the concerned Authority/Officer;

(e) The Petition is disposed of on above terms;

(f) All contentions on merits are kept open;

(g) All concerned to act upon an authenticated copy of this order.

(V.L. ACHLIYA, J) ( A.S. OKA, J )