M/S Jagdamba Filling Station and Another Vs Bharat Petroleum Corporation Limited and 3 Others

Neutral Citation No. - 2023:AHC:228295-DB

Court No. - 40

Case :- WRIT - C No. - 30651 of 2023

Petitioner :- M/S Jagdamba Filling Station And Another Respondent :- Bharat Petroleum Corporation Limited And 3 Others Counsel for Petitioner :- Siddhartha Srivastava Counsel for Respondent :- Komal Mehrotra,Anand Tiwari

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioners and Sri Anand Tiwari, learned counsel for Bharat Petroleum Corporation Limited.

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The present writ petition is preferred inter alia with the following relief:

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"i. A writ order or direction in the nature of certiorari quashing the impugned order dated 26.05.2023 (Annexure No.10).

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ii. A writ order or direction in the nature of mandamus commanding the respondents to restore the retail outlet of petitioner."

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Sri Anand Tiwari, learned counsel for Bharat Petroleum Corporation Limited states that against the impugned order, the petitioners have efficacious remedy to file an appeal. He submits that once the efficacious remedy is available to the petitioners, there is no reason or occasion to bypass statutory forum.

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Considering the facts and circumstances of the case, without adverting on the merits of the case, this writ petition is disposed of with a direction that in case petitioners prefer an appeal within ten days from today, the same would be considered on merit.

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Order Date :- 2.12.2023 NLY

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Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad

M/S Jagdamba Filling Station and Another v. Bharat Petroleum Corporation Limited and 3 Others

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