Patna High Court
Ashish Kumar Agrawal vs Indian Oil Corporation Limited on 2 December, 2022
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16511 of 2022
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1. Ashish Kumar Agrawal son of Hari Prasad Agrawal, Village and P.O.-
Salmari, P.S.- Azamnagar, District- Katihar, Bihar- 855113.
2. Shiv Kumar Agarwal son of Hari Prasad Agarwal, Resident of Tungidighi
Karandighi, Jujharpur, Tungidighi, Uttar Dinajpur, West Bengal- 733216.
... ... Petitioner/s
Versus
1. Indian Oil Corporation Limited through its Chairman-cum-Managing
Director, G-9, Ali Yavar Jung Marg, Bandra (East) Mumbai 400051.
2. The General Manager, Indian Oil Corporation Limited (Marketing
Division), Bihar State Office, Loknayak Jaiprakash Bhawan (5th Floor), Dak
Bunglow Chowk, Patna- 80001.
3. The Deputy General Manager, Retail Sale, Indian Oil Corporation Limited,
Bihar State Office, Loknayak Jaiprakash Bhawan (5th Floor), Dak Bunglow
Chowk, Patna- 80001.
4. The Division Retail Sales Head, Indian Oil Corporation Limited (Marketing
Division), Bihar State Office, Loknayak Jaiprakash Bhawan (5th Floor), Dak
Bunglow Chowk, Patna- 80001.
5. The Division Retail Sales Head, Indian Oil Corporation Limited, Begusarai
Division Office.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Mr.Pranav Kumar, Advocate
For the Respondent/s : Mr.Sanat Kumar Mishra, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 02-12-2022
Patna High Court CWJC No.16511 of 2022 dt.02-12-2022
2/5
Petitioners have prayed for the following relief(s):
"(i) To issue an appropriate
writ, order, direction in the nature of
certiorari for quashing the order bearing
letter no. BDO/RO/Salmari/SpO/01 dated
26.04.2022issued under the signature of the Division Retail Sales Head, Indian Oil Corporation Limited, Begusarai Division Office, by which the representation dated 02.03.2022 and supplementary representation dated 07.03.2022 for resumption/restore of the sale and supply of retail outlet in the nature of M/s Salmari Auto Service, Salmari Katihar has been rejected till the submission of land ownership documents as the same is purportedly violative of dealership selection criteria. (Annexure- 15, Pg. 153).
(ii) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the letter no. BDO/RO/Salmari Auto dated 22.06.2021 issued under the signature of the Division Retail Sales Head, Indian Oil Corporation Limited, by which the sale and supply of the retail outlet dealership running in the name of M/s Salmari Auto Service, Salmari Katihar has been suspended (Annexure-9, Pg. 109).
(iii) To issue an appropriate writ, order, direction in the nature of Patna High Court CWJC No.16511 of 2022 dt.02-12-2022 3/5 mandamus commanding the respondents for resumption/restore of the sale and supply of retail outlet in the name of the petitioners with immediate effect, and for consequential reliefs for the period during which the retail dealer outlet was kept under suspension commencing on 22.06.2021.
(iv) To issue an appropriate writ, order direction in the nature of mandamus commanding the respondents, to issue a specific order for reconstitution/continuation of RO Dealership in favour of the petitioners in terms of Clause G.4 of the Policy Guidelines For Reconstitution of Retail Outlet/Sko-Ldo Dealerships.
(v) To issue an appropriate writ, order direction in the nature of mandamus commanding the respondents to, if required, issue a specific order for resitement of the retail outlet, bearing khata no. 494, khesra no. 460 situated on the same road, in accordance with clause 1.2 of the Guidelines for Resitement of Retail Outlet Dealership-2019.
(iv) To any other relief/s for which the petitioners appear to be found entitled by the Hon'ble Court."
Learned counsel for the respondents states that should the petitioners, being legal heirs of the original allottee Patna High Court CWJC No.16511 of 2022 dt.02-12-2022 4/5 Late Hari Prasad Agrawal, filed an application on the Portal, the respondents shall immediately process the application in accordance with law and not later than four weeks thereafter.
Shri Y.V. Giri, learned senior counsel for the petitioners, states that during his lifetime, the original allottee, i.e. their father, had already indicated the desire of re-
constitution of the concern by allotment along with him in favour of his sons. Communication dated 02.03.2022 (Annexure-14, page-136) is on record to such effect. It is further submitted that re-constitution has to be in accordance with the policy guidelines for re-constitution of the original outlet and, more specifically Clause-G.4 thereof (Annexure-18, page-
157/158).
Shri Sanat Kumar Mishra states that the application shall be processed in accordance with law considering all factors as set out by the petitioner in the present petition, as also the ones which would be placed by the petitioner in support of the application(s).
Statement accepted and taken on record.
Petition is disposed of with direction to the respondents to decide the petitioners' application which they would be making, within a period of three weeks from today.
Patna High Court CWJC No.16511 of 2022 dt.02-12-2022 5/5 Liberty reserved to the petitioners to take recourse to such other remedies as are otherwise available in accordance with law, should the need so arise subsequently.
Petition is disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 06.12.2022 Transmission Date