Patna High Court - Orders
Neeraj Kumar vs The Indian Oil Corporation Ltd. & Ors on 3 April, 2015
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4360 of 2015
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Neeraj Kumar
.... .... Petitioner/s
Versus
The Indian Oil Corporation Ltd. & Ors
.... .... Respondent/s
Appearance :
For the Petitioner : M/s Ajay Kumar Thakur and
Avinash Kumar, Advocates
For the Respondents : Mr. Kali Das Chatterji,Sr. Advocate
M/s Anil Kumar Sinha and
Amalesh Kumar Verma, Advocates
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CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL ORDER
3 03-04-2015Learned counsel for the petitioner submits that though at the time of verification the Corporation was knowing well that the land concerned stood leased out in the name of the petitioner through a registered instrument, however, though not indicating anything during the scrutiny of his application form, a subsequent decision has been taken stating that since the document of lease was not available on the date of application as on that day only notarized affidavit of the concerned party permitting the petitioner to use his land was available and even though he was selected, at that point of time, subsequently he is being ousted. Learned counsel submits that it cannot be done in view of the fact that at the time of verification the petitioner was holding the necessary qualification and at the time of application also affidavit 2 Patna High Court CWJC No.4360 of 2015 (3) dt.03-04-2015 2/2 was there on record and his application form was never rejected on the ground of ineligibility of the petitioner. In support of his aforesaid submission, he places reliance upon a decision of the Apex Court in K. Vinod Kumar Versus S. Palanisamy and others [(2003) 10 SCC 681]. Learned counsel for the petitioner also places reliance upon a judgment of a Division Bench of the Calcutta High Court rendered in A.S.T. 158 of 2013 with A.S.T.A. 93 of 2013 (Swapnil Singh Vs. Bharat Petroleum Corporation Ltd. & Ors), a copy of which has been furnished at the time of hearing also after serving the same upon learned counsel for the otherside.
As prayed on behalf of the Indian Oil Corporation, let this matter be posted after four weeks under the heading for admission within top ten cases to enable learned counsel to seek instruction and file counter affidavit.
In the meantime, let the status quo as existing today with respect to the concerned LPG distributorship be maintained by the parties.
(Dr. Ravi Ranjan, J) Sanjay-II/-
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