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Allahabad High Court

Suneeta Kumari vs Bharat Petroleum ... on 26 March, 2021

Bench: Ritu Raj Awasthi, Manish Mathur





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- MISC. BENCH No. - 9095 of 2021
 

 
Petitioner :- Suneeta Kumari
 
Respondent :- Bharat Petroleum Corp.Ltd.Thru.Managing Director,Mumbai &Ors
 
Counsel for Petitioner :- Abdul Razzaque Khan,Aasif Razzaque Khan
 
Counsel for Respondent :- Sm Singh Royekwar
 

 
Hon'ble Ritu Raj Awasthi,J.
 

Hon'ble Manish Mathur,J.

Notice on behalf of opposite parties no. 1 to 3 has been accepted by Mr. S.M. Singh Royekwar, Advocate. In view of the order proposed to be passed, notice to opposite party no. 4 is dispensed with.

Heard learned counsel for the parties.

The writ petition has been filed seeking following reliefs:

"WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased:
(a) to issue a writ, order or direction in the nature of CERTIORARI quashing the appointment of Shri Lal Chand as Regular/Retail Outlet (Petrol Pump) Dealerships in the land of Khasra No. 259, area 900 sq. meter situates in Mauza Naugaon, Tehsil Chhata, District Mathura.
(b) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to 3 to not allow the opposite party no. 4 to install the Regular/Rural Retail Outlet (Petrol Pump) Dealerships in pursuance of theappointment of the Regular/Rural Retail Outlet (Petrol Pump) Dealerships in the land of Khasra No. 259 situates in Mauza Naugaon, Tehsil Chhata, District Mathura.
(c) to issue a writ order or direction in the nature of INTERIM MANDAMUS commanding the the opposite party no. 1 to 3 to not allow the opposite party no. 4 to install the Regular/Rural Retail Outlet (Petrol Pump) Dealerships in pursuance of the appointment of the Regular/Rural Retail Outlet (Petrol Pump) Dealerships in the land of Khasra No. 259 situates in Mauza Naugaon, Tehsil Chhata, District Mathura.
(d) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case in favour of the petitioner and against the opposite parties.
(e) to award cost of this writ petition in favour of the petitioner and against the opposite parties."

As per case of the petitioner, the petitioner was one of the applicant for allotment of retail outlet dealership in question. It is submitted that the opposite party no., 4 has been granted the retail outlet dealership in question at a place which was not mentioned in the advertisement.

We have considered the submissions made by the parties' counsel and gone through the record.

We are of the view that the petitioner can raise her grievance under the Grievance Redressal System provided under the Guidelines on Selection of Dealers for Regular & Rural Retail Outlets through Draw of Lots/Bidding Process. The petitioner may file a complaint as per the procedure prescribed under the Grievance Redressal System. In case any such complaint is filed, it is expected that the competent authority will consider and pass appropriate orders in accordance with law, expeditiously.

With these observations, the writ petition is disposed of.

[Manish Mathur, J.] [Ritu Raj Awasthi, J.] Order Date :- 26.3.2021 Santosh/-