IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9417 of 2022

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Shashi Abhishek Son of Alok Kumar, Resident of House No. A/6 and A/7,

Bank of India Colony, Opposite Taxila Apartment, Police Station-Shastri

Nagar, District-Patna.

... ... Petitioner/s

Versus

1.

Bharat Petroleum Corporation Limited, through its Chairman cum Managing

Director, Address-Bharat Bhawan, 4 and 6 Currimbhoy Road, Ballard

Estate, P.B. No. 688, Mumbai-400001.

2.

The Territory Manager, Bharat Petroleum Corporation Limited, Address-70

Feet, Bye Pass, Post Office-Pakri Via Anishabad, Police Station-Beur,

District-Patna, PIN Code-800002.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Sanjeev Ranjan, Advocate

For the Respondent/s

:

Mr. Siddharth Prasad, Advocate

Mr. Om Prakash Kumar, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 26-07-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

“(i) For issuance of an appropriate writ, order or

direction commanding the respondents to decide the

representation of the petitioner dated 23.05.2022

regarding the prolonged absence of one of the partner

from the dealership without approval of OMC and her

continued absence which entitles the petitioner for an

invitation by the respondent corporation for

reconstitution of dealership in-terms of the Policy

Guideline for Reconstitution of Retail Outlet/SKO-

Patna High Court CWJC No.9417 of 2022 dt.26-07-2022

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LDO Dealerships and consequently the corporation

was duty bound to invite application from the petitioner

i.e. the other partner by way of notice to apply for

reconstitution of dealership in prescribed format.

(ii) For a writ of mandamus directing the

respondent corporation to send an invitation by way of

notice to the petitioner the existing partner as per

prescribed format to apply for reconstitution of

dealership and to execute a new Dispensing Pump and

Selling Licence Agreement with the petitioner on

account of prolonged absence and refuse to sign

dealership agreement.

(iii) For any other relief/reliefs to which the

petitioner is found entitled in the facts and

circumstances of the case.”

It is contended on behalf of the petitioner that some of

the partners of the firm in whose favour the dealership stands

allotted have not appeared before the authorities in terms of

communication dated 13^th of May, 2022 (Annexure-3 Page 46)

and 20^th of June, 2022 (Annexure-5, Page 48).

It is further contended that there is a provision for

treating the partnership as a proprietorship concerned in relation

to which the petitioner has in writing approached the Territory

Manager, Bharat Petroleum Corporation Limited, Patna vide

communication dated 20^th of June, 2022 (Annexure-7 Page 51).

It is contended that the same has yet not been decided.

Patna High Court CWJC No.9417 of 2022 dt.26-07-2022

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After the matter was heard for some time, Shri Sanjeev

Ranjan, learned counsel for the petitioner contends that

petitioner shall be content if a direction is issued to Respondent

No. 2, namely, the Territory Manager, Bharat Petroleum

Corporation Limited, Address-70 Feet, Bye Pass, Post Office-

Pakri Via Anishabad, Police Station - Beur, District-Patna, PIN

Code-800002 to decide the petitioner’s request dated 20^th of

June, 2022 (Annexure-7 Page 51) expeditiously and preferably

within a period of two weeks from today.

Considering the fact that supply of essential material i.e.

petrol stands disrupted, we are constrained to accept the

petitioner’s prayer of directing the Respondent No. 2, namely