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Poonam Rai @ Poonam Devi vs The Union Of India & Ors on 15 October, 2014

Author: Mihir Kumar Jha

Bench: Mihir Kumar Jha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17260 of 2014
                 ======================================================
                 Poonam Rai @ Poonam Devi w/o Pravesh Kumar Rai, r/o Village
                 Paltuhatta, P.S. Jamo Bazar, District Siwan.
                                                                       .... .... Petitioner/s
                                                    Versus
                 1.The Union of India through the Secretary, Ministry of Oil and Natural
                 Gas, New Delhi.
                 2.The Chairman, Indian Oil Corporation Limited, 3079/3, J.B. Tito Marg,
                 Sadiq Nagar, New Delhi-110049.
                 3.The General Manager, Indian Oil Corporation Limited, consumer sales,
                 B.S.O., Lok Nayak Jai Prakash Bhawan, 5th Floor, Dak Bungalow, Patna-1.
                 4.The Senior Divisional Retail Sales Manager, Indian Oil Corporation
                 Limited, Marketing Division, Krishna Comples Akharghat, Muzaffarpur.
                 5.Ravi Shankar Shahi s/o Lalan Prasad Shahi, r/o Village-Paterhi, Post-
                 Paterha, Police Station-Maharajganj, District-Siwan.
                 6.Babu Bachcha Singh, s/o Late Bageshwari Singh, r/o Village Paltuhatta,
                 Police Station Jamo Bazar, District Siwan.
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Javed Aslam, Adv
                 For the Respondent No.1:      Mr. Anshay Bahadur Mathur, C.G.C.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
                                                ORAL ORDER

2   15-10-2014

After some arguments, learned counsel for the petitioner seeks permission to withdraw this application in which following prayer has been made:-

"(A) A writ in the nature of certiorari or any other appropriate writ/s, order/s direction quashing the following:-

(i) Quashing the L-II Committee mark-sheet for Kisan Sewa Kendra (SRMP 07-09) for the location Puraina Bazar, Siwan in the open category for which interview was conducted on 28.07.2011 at Muzaffarpur Divisional Officer, Indian Oil Corporation Limited, in as much as the same relates to acceptance of claim of Ravi Shankar Shahi under the heading "Capability to provide infrastructure and Facility" apparently in collusion with officials.

(B) A writ in the nature of mandamus or any other appropriate writ/s, direction/s commanding the Respondents for the following:-

(i) To hold an enquiry into the whole issue of site Patna High Court CWJC No.17260 of 2014 (2) dt.15-10-2014 2 inspection and allotment of marks on that basis as the documenta annexed herein would clearly show that the land, as detailed in the sale deed supplied to the Indian Oil Corporation Limited was non-existent in as much as the boundary was not clear as it was claimed to have been carved out of three plots which were not adjoining.

(ii)To direct the respondents not to proceed further with allotment of Kisan Sewa Kendra dealership at Puraina Bazar, District-Siwan till disposal of Partition Suit No. 98 of 2012."

That being so, this Court would, accordingly, permit the petitioner to withdraw this writ application but it is also made clear that now the petitioner will have no liberty to move this Court again for the same cause of action.

(Mihir Kumar Jha, J) Ranjan/-

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