The High Court of Judicature at Patna dismissed a writ petition challenging dealership commission without oral hearing as the petitioner's counsel failed to appear, and the respondents established the letter of intent was issued to the first empanelled candidate.
The writ petition stands dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18793 of 2010
====================================================== Md. Monawar Alam S/O Late Abdul Quaiyyum, R/O Chausa, P.O.Chausa, Distt.- Madhubani
For the Respondent No.1 : Mrs. Kanak Verma, C.G.C. For the Respondent No.2 to 4: Mr. Rajeev Prakash
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
However, learned counsel appearing on behalf of the respondent no. 2 to 4, by referring to the averments made in paragraph-3 of the counter-affidavit filed on their behalf, submits that the letter of intent was issued on 24.09.2010 in favour of the first empanelled candidate and retail outlet dealership was commissioned on 01.07.2011 after dealership agreement was signed on 01.07.2011. It is further pointed out that those subsequent developments have not been the subject matter of challenge in the present writ petition. Therefore, according to him,
Patna High Court CWJC No.18793 of 2010 (3) dt.17-04-2015
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no relief can be granted to the petitioner in the present writ petition.
Learned counsel appearing on behalf of the respondent no. 2 to 4 appears to be right.
In the aforesaid facts and circumstances of the case, the writ petition stands dismissed, but there shall be no order as to costs.
(Birendra Prasad Verma, J)
BTiwary/-
U
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus given his absence from the hearing.
1 provisions across 1 enactments
Md. Monawar Alam
The Union of India through the Secretary Ministry of Petroleum, Govt. of Bihar
The Deputy General Manager, North Central Zone, Hindustan Petroleum Corporation Ltd.
The Senior Manager, Hindustan Petroleum Corporation Ltd., Patna
The Senior Regional Manager, Begusarai Retail Regional Office
Vishal Kumar Patwe
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
