2024:CGHC:31270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4065 of 2024

1 - Yuvraj Singh Sonvani, S/o. Late Shri Arjun Das Sonwani, Aged About 58 Years R/o. Village - Kachna, Police Station - Birejhar, District- Dhamtari (C.G.)

... Petitioner versus

1 - Bharat Petroleum Corporation Limited, Through Its General Manager, Registered Office - Bharat Bhawan, 4 And 6, Currimbhoy Road, Ballard Estate, P.B. No. 688, Mumbai - 400001.

2 - The Regional Manager, Bharat Petroleum Corporation Limited, Raipur, Retail Territory, Shaheed Veer Narayan Singh Bhavan, 1st Floor, Nagar Gadi Chowk, Raipur, District - Raipur (C.G.) 492001.

3 - The Superintendent Of Police, Raipur, District - Raipur (C.G.)

4 - Incharge Of Police Station, Arang, District - Raipur (C.G.)

5 - Kamta Sonvani, S/o. Late Shri Lallu Ram Sonvani, Aged About 53 Years R/o. Jai Stambh Chowk, Kachna, Police Station - Bhakhara, District - Dhamtari (C.G.)

... Respondents For Petitioner : Mr. Pushpendra Kumar Patel Advocate For State : Mr. Prateek Tiwari, Panel Lawyer For Res. No. 1 & 2 : Mr. Sourabh Sharma, Advocate (Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

20/08/2024

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.1 That this Hon’ble Court, may kindly call for the entire record in relates to the case of the petitioner.

10.2 That, this Hon’ble Court, may kindly be pleased to issue a writ / or writs / order / or orders to direct, thereby setting aside the order dated 21.05.2024 (Annexure P-1), issued by the respondent No. 2, in the interest of justice.

10.3 That, this Hon’ble Court, may kindly be pleased to issue a writ / or writs / order / or orders to direct the respondent authority (Bharat Petroleum Corporation Limited) to cancel the reconstitution of R/o. Dealership M/s Yuvraj Filling Station, allotted in favour of respondent No. 5 and re-allot the same to the petitioner, in there interest of justice.

10.4 That, any other relief, this Hon’ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.”

2. Learned counsel for petitioner submits that petitioner was appointed as a dealer of retail outlet which was established by respondent No. 1 & 2 under Company Owned and Dealer Operated scheme. Retail Outlet Dealership allotted to petitioner was started in the name and style of M/s Yuvraj Filling Station, was commissioned in the year 1997. Initially, dealership of retail outlet was issued for a period of 15 years, upon completion of 15 years, fresh agreement dated 20.08.2022 was entered into between the parties i.e. petitioner and respondents No. 1 & 2. During currency of fresh agreement, petitioner suffered paralysis attack and was unable to supervise the retail outlet (petrol pump) in person regularly. Taking undue advantage of physical status of petitioner, respondent No. 7 submitted documents before respondents No. 1 & 2 for transfer of retail outlet dealership in his name, which was acted upon and retail outlet dealership was reconstituted in name of respondent No. 7. After getting knowledge, petitioner approached authorities, however, his request and application was not considered which possed petitioner to approach this Court by way of filing writ petition bearing W.P. (C.) No. 2087 of 2024. The aforementioned writ petition was disposed of permitting petitioner to submit a fresh representation and directed respondents No. 1 & 2 to take decision on the representation to be submitted by petitioner. Petitioner in his representation has specifically pleaded that by adopting illegal means and committing forgery, application was submitted on behalf of petitioner for reconstitution of dealership in name of respondent No. 7, however, this specific ground was not considered in an appropriate manner and representation was rejected vide Annexure P-1 dated 21.05.2024. He submits that respondents No. 1 & 2 be directed to take decision on the very specific ground taken by petitioner of committing forgery by r