Patna High Court - Orders
Sandeep Kumar Thakur vs The Union Of India & Ors on 4 October, 2018
Bench: Chief Justice, Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1138 of 2017
In
Civil Writ Jurisdiction Case No.18509 of 2015
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Sandeep Kumar Thakur S/o- Sri Madan Thakur, R/o Village- Belwa, P.S.-
Lauriya, District- West Champaran
... ... Appellant/s
Versus
1. The Union of India, through the Secretary, Department of Petroleum,
Government of India, New Delhi
2. The Secretary, Department of Petroleum, Government of India, New Delhi
3. The Indian Oil Corporation Limited, through its Chairman and Managing
Director, at - Bandra (East), Mumbai
4. The Chairman-cum-Managing Director, Indian Oil Corporation Limited, G-9,
Ali Yavar Jang Marg, Bandra (East), Mumbai
5. The Officer-in-Charge (Marketing Division), Eastern Region, Indane Area
Office, Indial Oil Corporation Limited, 1st Floor, Shahi Bhawan, Exhibition
Road, Patna
6. The Chief Area Manager, Patna A.O. (Marketing Division), Eastern Region,
Indane Area Office, Indial Oil Corporation Limited, 1st Floor, Shahi Bhawan,
Exhibition Road, Patna
7. The Sr. Divisional Retail Sales Manager, Indian Oil Corporation Limited,
Muzaffarpur Divisional Office
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Vishwajeet Kumar Mishra, Advocate
Mr. Ashutosh Tripathy, Advocate
For the Respondent/s : Mr. Anil Kumar Jha, Sr. Advocate
Mr. Sanat Kumar Mishra, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 04-10-2018Feeling aggrieved and dissatisfied with the impugned order passed by the Learned Single Judge dated 07.04.2017 in C.W.J.C. No. 18509 of 2015, by which the Learned Single Judge has dismissed the said petition, the original writ petitioner has preferred the present Letters Patent Appeal under Clause X of the Patna High Court LPA No.1138 of 2017(6) dt.04-10-2018 2/3 Letters Patent.
We have heard the learned counsel appearing on behalf of the respective parties at length.
We have also perused the materials available on record and also the impugned order passed by the Learned Single Judge.
Considering the fact that at the time of submitting the application for appointment / allotment of Kisan Seva Kendra dealership, the petitioner did not comply with one of the eligibility criteria of having minimum requirement of fund of Rs. 12,00,000/- (twelve lakhs) standing in the Bank Account, his candidature was rejected.
It is the case of the petitioner that the petitioner has had a fixed deposit of Rs.12,00,000/- (twelve lakhs), which was produced. However, nothing is on record so far as that aspect is concerned.
Be that as it may, the fact remains that whatever the documents were attached, it was found that the minimum required fund of Rs. 12,00,000/- (twelve lakhs) was not standing in the Bank Account of the petitioner.
Under the circumstances, it cannot be said that the Learned Single Judge has committed any error in dismissing the writ petition, which calls for any Patna High Court LPA No.1138 of 2017(6) dt.04-10-2018 3/3 interference in this Intra Court Appellate Jurisdiction.
In view of the above, the present appeal does not warrant any consideration and deserves to be dismissed. The same is dismissed, accordingly.
(Mukesh R. Shah, CJ) (Ashutosh Kumar, J) Skm / Krishna U