The Patna High Court dismissed the writ petition challenging the grant of an Indian Oil retail outlet to private respondent no. 6. The court held that officers cannot decide title disputes without a civil court decree.
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.12351 of 2022
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Anmol Kumar S/o Sri Motilal sah Resident of Vllage-Chari, P.O.Siikandarpur, P.S.-G.B. Nagar Tarwara, District-Siwan.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== For the Petitioner/s : Mr. Udit Narayan Singh, Adv. For the IOC : Mr.Shailesh Kashyap, Adv. For the Resp. No.6 : Mr. P.K. Shahi, Sr. Adv. Mr. Naresh Prasad, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and
HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 08-12-2022
Heard Mr. Udit Narayan Singh, learned counsel
for the petitioner, Mr. P.K. Sahi, learned Senior counsel
Patna High Court CWJC No.12351 of 2022 dt.08-12-2022 2/3
for the private respondent no. 6 and Mr. Shailesh Kashyap for the IOC.
The petitioner is one of the brothers of private respondent no. 6 who has been granted license to run
the retail outlet of the Indian Oil Corporation in a particular area.
The complaint of the petitioner is solely based on the fact that the respondent no. 6 has wrongly claimed the land offered by him to be his in the family arrangement.
Since the petitioner was never a contender and there has been no decision of a competent Civil Court with respect to apportioning of the family property amongst the co-sharers, there is no way in which the complaint of the petitioner can be entertained at this stage.
The officers of the Indian Oil Corporation vetting the form of the contenders cannot be expected to
Patna High Court CWJC No.12351 of 2022 dt.08-12-2022 3/3
upgrade themselves to the position of Civil Court to
decide the title of the parties inter se.
There is no merit in this application.
The petition is dismissed.
(Ashutosh Kumar, J)
( Nawneet Kumar Pandey, J)
rishi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 13.12.2022 |
| Transmission Date |
3 issues framed by the court
Whether the Corporation officers can decide title disputes regarding land offered for a retail outlet without a civil court decision.
Whether a complaint based on family property arrangement can be entertained as a writ petition.
Whether the petitioner is a deserving contender for the retail outlet license.
Anmol Kumar
Indian Oil Corporation Limited
Arjun Kumar
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
