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Orissa High CourtWP(C)/22989/2016dismissed

Bijaya Ku.Jain v. Bharat Petroleum Corporation Ltd.

2022-12-06Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 22989 OF 2016 Bijaya Kumar Jain ....

Petitioner(s) Mr.S.H.K.Mund, Advocate -versusBharat Petroleum Corporation Ltd.

And another ....

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

06.12.2022 04.

1.

Heard the submission of Mr. Mund, learned counsel for the Petitioner.

2.

This Writ Petition involves following prayer:- "Under these circumstances, the petitioner humbly prays that this Hon'ble Court may be graciously pleased to issue rule NISI, calling upon the Opposite Parties to show cause as to why the letter dated 29.07.2016 of opposite party communicated to petitioner rejecting the representation of Petitioner vide Annexure-6 be not quashed and supply of HSD to Janata Service Station, Statue Square, Bhawanipatna be not restored.

If the opposite parties fail to show cause and/or show insufficient cause, the rule may be made absolute by issuing a writ in the nature of certiorari, or any other appropriate writ or direction, in this regard for restoration of supply of HSD to Janata Service Station, Statute square, Bhawanipatna by quashing letter dated 29.07.2016 of Opposite party communicated to petitioner.

And be further pleased to pass such other order/orders and/or issue such other

// 2 // direction/directions, as would deem fit and proper in the circumstances of the case and for which act of kindness the petitioner, as in duty bound, shall ever pray."

3.

Involving a cause of action taking place in the month of July, 2016 in rejection of the representation of the Petitioner, again involving some development in the matter of opening of petroleum outlet taking place involving an exercise in July, 2014, for passage of eight years from the date of initiation of the action involved and six years have passed from the date of rejection of the representation of the Petitioner, this Court finds, this is the same matter, which cannot be entertained at this stage.

4.

Accordingly, this Writ Petition is dismissed. (Biswanath Rath) Judge Utkalika