Bharat Petroleum Corporation Ltd., v. M/S. Sekhar Enterprises

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.A.No.376 of 2021

1. Bharat Petroleum Corporation Limited rep. by its General Manager No.1, Ranganathan Gardens 11th Main Road, Anna Nagar Chennai - 600 040.

2. The Territory Manager (Retail) Bharat Petroleum Corporation Limited No.35, Vaidyanathan Street Tondiarpet, Chennai - 600 081.

.. Appellants Vs.

Sekhar Enterprises rep. by its Proprietor, T.Rajashekhar No.345, G.N.T.Road Gummidipoondi - 601 201 Thiruvallur District.

.. Respondent Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 3.11.2020 made in W.P.No.12256 of 2019. Prayer in W.P.No.12256 of 2019:

Writ Petition filed under Article 226 of the Constitution of India Praying for issuance of a Writ of Ceritorarified Mandamus Calling for the records of the 2nd respondent issued vide Proceedings in CHTR. Sekar Enterprises (CC 110932) dated 09.04.2019 and quash the same and consequently direct the respondents herein to allow the petitioner to shift and relocate his existing license to sell petroleum products from the place at No. 245 GNT Road Gummidipoondi to the place at Survey No. 342/ 6A2B and Survey No. 342/ 1A2 Pappankuppam Village Gummidipoondi Taluk.

For Appellants : Mr.M.V.Vijayan for M/s.King and Partridge

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The appellants cannot be perceived to be persons aggrieved by the order impugned dated November 3, 2020.

2. The appellants are a nationalized oil company and one of its managers. The respondent herein is a retailer. The writ petition was instituted to quash a direction dated April 9, 2019 for the writ petitioner being required to shift and relocate his outlet.

3. It is necessary that the operative part of the order impugned be seen in its entirety:

"12. In view of the same, the rejection is correct. However, as and when the petitioner faces threat of eviction from the land owner, his request for resitement, shall be considered by the respondents/BPCL.

13. With the above observation and direction, the writ petition is disposed of. However, there shall be no order as to cost. Consequently, the connected writ miscellaneous petition is closed."

4. The rejection that is referred to in the passage quoted above pertains to the rejection of a representation of the writ petitioner. Since the Writ Court found such rejection to be correct and did not interfere therewith, the present appellants cannot have any manner of grievance against the relevant order. The second sentence in paragraph 12 merely asks the appellants herein to consider a further representation that may be made without putting any fetters on the appellants herein. Such part of the order would imply that the appellants herein are free to consider and reject such further representation.

5. In such circumstances, the appellants do not appear to have been hard done by or prejudiced in any manner by the order impugned to be aggrieved thereby or dissatisfied therewith.

6. The appellants say that an independent appeal has been filed by the respondent herein. The present appeal cannot bolster the present appellants' case in the respondent's appeal. This appeal is dismissed on the ground that the appellants have not been prejudiced by the impugned order and without prejudice

to the rights of the present appellants to sustain the order impugned herein in the respondent's appeal.

W.A.No.376 of 2021 is dismissed. There will no no order as to costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar sasi To,

1. Bharat Petroleum Corporation Limited rep. by its General Manager No.1, Ranganathan Gardens 11th Main Road, Anna Nagar Chennai - 600 040.

2. The Territory Manager (Retail) Bharat Petroleum Corporation Limited No.35, Vaidyanathan Street Tondiarpet, Chennai - 600 081.

+1cc to M/s.King and Partridge , Advocate SR.No. 6849 W.A.No.376 of 2021 A.SK(19.02.2021).