Partly allowed

Gopal Jee Prasad and Ors. v. The Chairman, Indian Oil Corporation and Ors.

Patna HC9 Aug 2012CWJC/14209/2012

Case brief

AI extract

What is this about?

In a public interest matter, the High Court of Patna directed the District Magistrate to ensure settlement between the heirs of a deceased licensee to secure the petrol pump outlet. The supply was continued pending final transfer to reconstituted firm.

What did the court decide?

Corporation directed to continue supply; District Magistrate directed to facilitate settlement among heirs and prepare transfer documents.

Gopal Jee Prasad and Ors. Vs The Chairman, Indian Oil… — Company and Corporate | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14209 of 2012

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======================================================

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Gopal Jee Prasad Son Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal 2. Asha Prasad Daughter Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal 3. Punam Prasad Daughter Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal 4. Mamta Prasad Daughter Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal 5. Anant Prasad Sah Son Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal

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Rohita Kumari @ Rohita Daughter Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal 7. Mohita Kumari @ Mohita Daughter Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal 8. Amrendra Kumar Son Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal

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.... .... Petitioner/s

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Versus

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1. The Chairman, Indian Oil Corporation Limited, G-9, Ali Yawar Jang Marg, Bandra (East), Mumbai (Maharashtra) - 400051 2. The General Manager (Marketing Division) Indian Oil Corporation Limited, 5th Floor, Lok Nayak Jai Prakash Bhawan, Dakbunglow Chowk, Patna

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The Regional Manager, Indian Oil Corporation Limited, Gaya 4. Ramjee Prasad Son Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal 5. Alok Kumar Son Of Late Bhagwati Prasad Resident Of Village + P.O. - Arwal, Police Station And District - Arwal .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhimanyu Sharma For the Respondent/s : Mr. Anil Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 09-08-2012 Learned counsel for the petitioner produces letter no.675/Confidential dated 4.8.2012 issued by the District Magistrate, Arwal addressed to S.D.R.S.M., Indian Oil Corporation Ltd., Patna recommending for continuous supply of petrol and diesel to the Petrol Pump in question.

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Patna High Court CWJC No.14209 of 2012 (2) dt.09-08-2012

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2 / 2

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From the letter, it appears that he found it in public interest that the operation of the Petrol Pump continued. It also shows that after the death of the original licensee, namely, Bhagwati Prasad Sah, eight out of ten heirs had already entered into agreement by forming a firm and only two heirs had not signed on the agreement which could take some time. Hence, in view of the fact that it was lone Petrol Pump in the entire district catering to the needs of public as well as of the administration, he recommended that the supply of petrol and diesel to the said Pump should continue.

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Learned counsel for the petitioner submits that after this letter, supply of petrol and diesel has been restored to the Petrol Pump by the Corporation.

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Since from the letter of the District Magistrate, it appears that public interest is involved, this Court desires that the District Magistrate should call all the heirs of the original licensee and make efforts that a settlement is arrived at between them and legal documents are prepared for submission to the Corporation for transfer of the Outlet in favour of the reconstituted firm at an early date. It will be open to the Collector to see to it that if settlement takes little time, supply of the petrol and diesel to the Petrol Pump continues.

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(Jayanandan Singh, J)

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Pradeep/-

Gopal Jee Prasad and Ors. v. The Chairman, Indian Oil Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Gopal Jee Prasad and Ors. v. The Chairman, Indian Oil Corporation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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