Patna High Court - Orders
Binod Kmar Prasad vs The State Of Bihar & Ors on 13 January, 2016
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8748 of 2015
Along with
Interlocutory Application No. 8316 of 2015
======================================================
Binod Kumar Prasad Son of Late Radha Raman Prasad, Resident of P.O. &
P.S. - Pupari, District - Sitamarhi, Proprietor M/s Swami Distributors, Baj
Patti, Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Secretary - cum - Commissioner,
Department of Food & Civil Supplies, Government of Bihar, Patna.
2. The Hindustan Petroleum Corporation Limited through the Senior
Regional Manager, Regional Office, 6th Floor, Lok Nayak Bhawan,
Patna.
3. The District Magistrate/Collector, Sitamarhi.
4. The District Supply Officer, Sitamarhi.
5. The Block Supply Officer-cum-Block Development Officer, Baj Patti,
District - Sitamarhi.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Mohan, Adv.
For the State : Mr. Anshuman Singh, Adv.
Mr. siddharth Shankar Pandey, Adv.
For the Respondent/s HPCL : Mr. Rajeev Prakash, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
2 13-01-2016Re.: Interlocutory Application No. 8316 of 2015 Heard learned counsel for the parties.
The writ petition has been filed for a direction to the respondents to supply the sanctioned quota of Kerosene Oil in compliance of Government/Departmental directives and also to dispose off the representation filed by the petitioner for such relief.
The Interlocutory Application has been filed seeking a direction to the respondents to release the sanctioned quota of Kerosene Oil as an interim measure. Patna High Court CWJC No.8748 of 2015 (2) dt.13-01-2016 2/2
Learned counsel for the petitioner submits that as per the recommendation of the S.D.O., who is the Licensing Authority as well as the direction of the State Government, the quota fixed to be given to the petitioner for distribution has not been released in his favour and rather only 14 kilo liters in place of 25 kilo liters have been given. It is submitted that the petitioner has also represented against the arbitrary act which is mainly due to the orders passed by the respondents no. 3 and 4.
Learned counsel for the State submits that he has no instructions in the matter. The copy of the writ petition was served on learned counsel for the State on 09.06.2015 and still there being no instructions with the State counsel does not show the respondents in good light.
However, in view of the materials on record, by way of interim arrangement, the petitioner be given the amount of Kerosene Oil as has been sanctioned to him by the Competent Authority.
The matter be listed among the top 10 cases after three weeks.
Interlocutory Application No. 8316 of 2015 stands disposed off.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T