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2012 DIGILAW 2860 (ALL)

Anuj Chauhan and Another v. Indian Oil Corporation Limited and Others

2012-12-10

HET SINGH YADAV, SATYA POOT MEHROTRA

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Het Singh Yadav, J.— The present Writ Petition has been filed by the Petitioners, inter-alia, praying for quashing the Communication dated 31.7.2012 (Annexure-1 to the Writ Petition), whereby the LPG Distributorship at the location in question was allotted to the Respondent No. 7. It appears that the Petitioner Nos. 1 and 2 and the Respondent No. 7 as well as certain other persons applied for grant of LPG Distributorship in respect of the location in question under the Rajiv Gandhi Gramin LPG Scheme. The Respondent No. 7 was selected by draw of lots and accordingly, the aforesaid Communication dated 31.7.2012 was issued. The Petitioners, thereupon filed a complaint dated 3.9.2012 (Annexure-8 to the Writ Petition) purporting to be under Clause 19 of the Brochure issued by Indian Oil Corporation Ltd. for selection of LPG Distributors under the Rajiv Gandhi Gramin LPG Scheme. We have heard Shri Ajay Bhanot, learned counsel for the Petitioners, Sri Prakash Padia, learned counsel for the Respondent Nos. 1 to 4 and the learned Standing Counsel appearing for the Respondent Nos. 5 and 6. Sri Ajay Bhanot, learned counsel for the Petitioners submits that the complaint is pending since 3.9.2012, and sufficient time has passed but no decision has been taken in respect of the complaint. Sri Prakash Padia, learned counsel for the Respondent Nos. 1 to 4 states that instructions have been received by him. Shri Prakash Padia further states, on the basis of instructions received by him, that the decision in respect of the said complaint will be taken by the concerned authority expeditiously. Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, we are of the view that the interest of justice would be sub-served by disposing of the Writ Petition with the following directions: (i) Within six weeks from the date of receipt of certified copy of this order, the Petitioners will submit an application before the Respondent No. 4 along with certified copy of this order and copy of their complaint dated 3.9.2012. (ii) On receiving the aforesaid application along with the documents, mentioned above, the Respondent No. 4 or the authority to whom the matter is referred by the Respondent No. 4 will consider the complaint of the Petitioners and take decision thereon in accordance with law expeditiously, preferably within a period of two months of the receipt of the said application, after giving reasonable opportunity of being heard to the Petitioners, the Respondent No. 7 as well as the other concerned persons and by passing speaking order. The Writ Petition is accordingly disposed of with the aforesaid directions. It is made clear that this Court has not adjudicated the claim of the Petitioners on merits. _____________