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Rajesh Kumar Tiwary vs The Union Of India & Ors on 13 September, 2012

Author: Shiva Kirti Singh

Bench: Shiva Kirti Singh, Shivaji Pandey

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Letters Patent Appeal No.1291 of 2012
                 ======================================================
                 1. Rajesh Kumar Tiwary S/O Sri Suryadeo Tiwary R/O Village- Bagahi,
                 P.O.- Banahi, P.S.- Behea, District- Bhojpur (Bihar)

                                                                        .... .... Appellant
                                                   Versus
                 1. The Union Of India Through Its Secretary Ministry Of Petroleum And
                 Natural Gas, Government Of India, Shastri Bhawan, New Delhi - 110001
                 2. M/S Indian Oil Corporation Ltd., Indian Oil Bhawan G-9, Ali Yawar
                 Jang Marg, Bandra (East), Mumbai-400051 through Its Managing Director
                 3. The Senior Regional Manager M/S Indian Oil Corporation Ltd., Lok
                 Nayak Jai Prakash Bhawan, Dakbunglow Road, Patna-800001
                 4. Dealer Selection Board, Patna-1 2nd Floor, Bihar Industries, Association
                 Building, Sinha Library Road, Patna-800 002
                 5. Shri Rangi Lal Rai S/O Late Chhedi Rai R/O Village- Baikunthpur,
                 Prakhand Rajapakar, Ward House No. 74, P.S.- Baikunthpur, District-
                 Vaishali

                                                                      .... .... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant       : Mr. Y. V. Giri, Sr. advocate
                                           Mr. Raju Giri, advocate
                 For the I.O.C           : Mr. K. D. Chatterjee, Sr. advocate
                                           Mr. Amlesh Kumar Verma, advocate
                 For the Union of India : Mr. Abu Haider, CGC
                 For the respondent No.5 : Mr. S. Parasmani, advocate
                                           Mr. Vinay Ranjan, advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH
                            and
                            HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                 ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH)


2   13-09-2012

Heard the parties.

By the impugned order dated 06-08-2012 the learned writ court has dismissed the writ petition bearing CWJC No. 18809 of 2008 preferred by the appellant and has refused to direct the Indian Oil Corporation to consider the case of appellant who was at serial No.3 in the selected panel for allotment of distributorship of LPG pursuant to advertisement issued in the year 2000.

The issue is whether after the cancellation of allotment in favour of person selected as No.1 in the panel on account of order by the Apex Court in the light of report of a Commission of two judges, the distributorship should be allotted to remaining persons in the panel or it should be settled after fresh advertisement.

The controversy has now been settled by the Supreme Court vide judgement and order dated 04-10-2010 passed in Special Leave Petition (Civil) No. 16474/2010 (M/s Bharat Petroleum & Anr. v. Ramesh Chand Trivedi). Since the order under appeal passed by the learned writ court is in consonance with the views of the Apex Court in the judgment noticed above, we have no option but the dismissed the Letters Patent Appeal. We order accordingly.

(Shiva Kirti Singh, J) (Shivaji Pandey, J) BKS/-