Calcutta High Court (Appellete Side)
Mrs. Jyotsna Das vs Union Of India & Ors on 9 September, 2021
Author: Amrita Sinha
Bench: Amrita Sinha
Item No. 239
In The High Court At Calcutta
Constitutional Writ Jurisdiction
(via video conference)
09.09.2021
Ct-24
WPA 13545 of 2021
Mrs. Jyotsna Das
v.
Union of India & Ors.
Mr. Mrinal Kanti Ghosh
... for the petitioner.
Mr. M.S. Yadav
... for the respondents.
A Letter of Intent was issued in favour of the petitioner by the Indian Oil Corporation Limited on April 16, 2019. Thereafter, the matter could not be proceeded further allegedly on the ground of pendency of the litigation filed by one Subhankar Pati.
An order of this Court passed in WP No. 20029(W) of 2018 on January 11, 2019 in the matter of Subhankar Pati vs. Union of India & Ors. has been annexed to the writ petition.
It appears therefrom that on January 11, 2019 the Court directed that till such time a decision is taken by the respondent authority and communicated to the petitioner, the grant of Distributorship in respect of the location in question shall remain stayed. 2 According to the respondents in spite of repeated opportunities given to the said Subhankar Pati for hearing he has not turned up and accordingly the representation of Subhankar Pati could not be considered finally.
Such a submission on behalf of the Indian Oil Corporation Limited cannot be accepted.
Order was passed by this Court on January 11, 2019 to take a decision in the matter within a specified time limit. The said time limit expired long ago. It is high time that the respondents take a decision in the matter.
The respondent authority on the plea of pendency of the earlier representation of Subhankar Pati has delayed in finalizing the claim of the petitioner herein.
The writ petition is adjourned till September 23, 2021.
The Indian Oil Corporation Limited shall come with specific instruction with regard to the final order that may be passed in the matter of Subhankar Pati.
Affidavit-of-service filed in Court today is taken on record.
Sh (Amrita Sinha, J.)