Patna High Court
M/S Tirupati Balajee Automobiles vs The Indian Oil Corporation Limited on 18 August, 2022
Author: Sanjay Karol
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11042 of 2022
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M/s Tirupati Balajee Automobiles at Bihar, Patna through its Proprietor Ritesh
Kumar, aged about 38 years, Male, son of Sri Sachidanand Rai, IAS Colony,
Near Krishna Niketan School, West Boring Canal Road, Patna- 801503
... ... Petitioner/s
Versus
1. The Indian Oil Corporation Limited through its Executive Director (Retail
Sales) G-9 Aligavar Jang Margh, Bandra (East) Mumbai, Maharashtra.
2. The General Manager, Indian Oil Corporation Limited, Bihar State Office,
5th Floor Loknayak Jayprakash Bhawan, Dakbungla Crossing, Patna.
3. The General Manager, Indian Oil Corporation Limited, Bihar State Office,
5th Floor Loknayak Jayprakash Bhawan, Dakbungalow Crossing, Patna.
4. The Deputy General Manager, (R.S.) Patna Divisional Office, Block- A,
Mauryalok Complex (3rd Floor) Dakbungalow Road
5. The Executive Director, M/s Indian Oil Corporation having state office at
Loknayak Jayprakash Bhawan, Dakbungalow
6. The Senior Divisional Retail Sales Manager, Patna Divisional Office, 3rd
Floor, A Block, Mauryalok Complex, Dakbanglow Road, Patna.
7. The Manager (Retail Sales) Indian Oil Corporation Limited, Patna
Divisional Office, 3rd Floor A Block, Mauryalok Complex, Dakbanglow
Road, Patna.
8. The Chief Control Explosive, A Block, 5th Floor, CGO Complex, Seminary
Hills, Nagpur- 440006.
9. The Divisional Retail Sales Head Indian Oil Corporation Limited, Patna
Divisional Office, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the Respondent/s : Mr.Sanat Kumar Mishra, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
Patna High Court CWJC No.11042 of 2022 dt.18-08-2022
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(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-08-2022
Petitioner has prayed for the following relief(s):
"i.) For issuance of direction to the
respondent authorities to honor their own letter as
contained in Reference No. PDO/R/21-22/276018
dated 09.06.2021 issued with the signature of
Divisional Retail Sales Head, IOCL, Divisional
Office, Patna and construct sales building of the
Petitioner as per amended lay out Plan, as the
petitioner promptly deposited the estimated cost of
Rs.14,25,386/- required for construction of sales
building as per amended lay out, but the construction
of sale building as per amended layout has not been
started till date and consequently the outlet of the
petitioner has not been re-started causing serious
financial loss and prejudice the right and interest of
the petitioner.
ii.) For that the petitioner further prays that
the respondent authority be directed that after
construction of sales Building as per the amended lay
out plan, the out let of the petitioner be made
functional urgently, as the outlet was already was
functional, but same was stopped considering
objection of the uncle of the petitioner, but now
objected land has already been relieved, No Objection
from the Ministry of Commerce and Industry,
Petroleum and Explosive Safety Organization (PESU)
has already been obtained vide letter no.
P/EC/BI/14/2690 (P328213) dated 02nd November,
2021 and construction cost has already been deposited
Patna High Court CWJC No.11042 of 2022 dt.18-08-2022
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as directed by the respondents authority.
iii.) For any other relief/reliefs for which
the petitioner may be deemed entitled to."
Shri Sanat Kumar Mishra, learned counsel for the
respondent Corporation, states that in view of the change in
circumstance, the respondents have now taken a decision of
restoring the retail outlet to its original shape and size.
Statement accepted and taken on record.
In this view of the matter, we dispose of the
petition in the following mutually agreeable terms:
(a) The respondent No. 2, namely The General
Manager, Indian Oil Corporation, Bihar State Office, shall take
appropriate action in terms of the statement recorded (supra)
within a period of two months from today;
(b) An appropriate decision on the amount
deposited by the petitioner in terms of communication dated
09.06.2021(Annexure-3, page-29) shall also be taken and the amount due and payable to the petitioner shall be utilized for the purpose of restoration of the original site within a period of two months;
(c) Parties shall complete all formalities of making retail outlet fully operational and functional Patna High Court CWJC No.11042 of 2022 dt.18-08-2022 4/4 Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 22.08.2022 Transmission Date