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2004 Supreme(Pat) 1172

AFTAB ALAM
Raghu Nandan Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Mr. K.D. Chatterjee files a counter affidavit on behalf of the Chief Divisional Manager, Indian Oil Corporation, respondent no. 6. Let it be taken on record.

2. This writ petition arises from a dispute over the control of a petrol pump at Paliganj. The dispute is between two cousins (first degree paternal) and as a result of the dispute the petrol pump stands closed from 16.12.2003. Mr. K.D. Chatterjee stated that the closure of the petrol pump not only affected adversely the sale of the Corporation but it was causing great inconvenience to the people of Paliganj and it was in the general interest, both of the Oil Corporation and the consumers, that the petrol pump should resume operation at an early date.

3. From the materials on record, it becomes apparent and clear that a family dispute led to a law and order problem and eventually to the closure of the petrol pump.

4. The undeniable position is that the Dealer Agreement stands between the Indian Oil Corporation and Shri Bhanu Pratap Singh/Sheo Pujan Singh carrying on business in the firm named and styled as M/s Raghunandan Singh & Sons. Raghunandan Singh is now dead and he has left behind two sons, namely, Bhanu Prat







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