Disposed

Ashok Kumar v. Union of India Ministry of Petroleum and 2 Others

Allahabad HC18 Sept 2019WRIC/28726/2019

Case brief

AI extract

What is this about?

In a writ petition regarding petroleum product supply, the bench held that since supply was suspended prior to the relevant dispute resolution panel order, restoration of supply could not be granted. The court directed the respondents to conclude proceedings within three months.

What did the court decide?

Direction issued to conclude proceedings within three months from the date of production of certified copy of this order.

Ashok Kumar Vs Union of India Ministry of Petroleum and… — Property and Title | Allahabad HC (2019)

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Court No. - 1

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Case :- WRIT - C No. - 28726 of 2019

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Petitioner :- Ashok Kumar Respondent :- Union Of India Ministry Of Petroleum And 2 Others Counsel for Petitioner :- Vipin Chandra Dixit Counsel for Respondent :- A.S.G.I.,Ishan Shishu,Vikas Budhwar

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri V.C. Dixit, learned counsel for the petitioner and Sri Vikas Budhwar, learned counsel appearing for respondent nos. 2 and 3.

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By means of this writ petition the petitioner has prayed for the following relief:-

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"(I) Issue a writ, order or direction in the nature of mandamus, directing the respondent No. 3 to start the supply of petroleum products to the petitioner's retail outlet, within stipulated period specified by this Hon'ble Court."

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Taking notice of the relief claimed by the petitioner on the basis of an order dated 25th May, 2019, passed by the Dispute Resolution Panel, in which a direction was issued to the effect that termination of the licence was quashed and the company was directed to proceed with the matter in accordance with law from the stage of issuance of show cause notice and accordingly the appeal stood allowed, we passed a detail order on 12th September, 2019 requiring instructions from the learned counsel for the respondent corporation.

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Today Sri Vikas Budhwar, learned counsel for the respondent corporation has placed instructions before this Court, which is taken on record, is in the form of letter addressed to him, in which it has been mentioned that sales & supplies to the outset was suspended w.e.f. 10.09.2016, which is the date of inspection and whereupon the show cause notice was issued on 15.06.2017.

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This above factual position is not disputed by the counsel for the petitioner. Therefore, if the appeal was allowed only to the limited extent that the proceedings shall be started afresh from the stage of show cause notice, the supply, which had already stood suspended prior to that, cannot be restored. Thus no relief can be granted to the petitioner in the present writ petition as

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prayed for.

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However, at this stage counsel for the petitioner submits that the respondents may be directed to conclude the proceedings in accordance with law, as directed by the Dispute Resolution Panel, within a specified period of time and to this request learned counsel for the respondent has no objection.

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In view of the above, the direction issued to the effect that the proceedings, as directed by the appellate forum, namely, Dispute Resolution Panel in its order dated 15.05.2019, shall be concluded as expeditiously as possible in letter and spirit of the order, within a period of three months from the date of production of a certified copy of this order.

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Writ petition, thus, stands disposed of to the above extent. Order Date :- 18.9.2019 Pkb/

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(Ajit Kumar, J.) (Ramesh Sinha, J.)

Ashok Kumar v. Union of India Ministry of Petroleum and 2 Others

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. Union of India Ministry of Petroleum and 2 Others

Case brief

What is this about?

What did the court decide?

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