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2022 DIGILAW 623 (JHR)

Jharkhand Indane, Giridih, through its partner, Tikan Soren v. Indian Oil Corporation Limited

2022-06-09

RAJESH SHANKAR

body2022
JUDGMENT : 1. The present writ petition has been filed for issuance of direction upon the respondents restraining them to act in pursuance of the show cause notice bearing Ref. No. BSO/RIDO/Jharkhand Indane/2021-22/6 dated 25.01.2022 (Annexure-9 to the writ petition) issued to the petitioner No.1 until the complaint filed by the petitioner No.1 before the respondent-National Commission for Scheduled Tribes is adjudicated and decided, in respect of which the notice has also been issued to the respondent-Indian Oil Corporation Ltd. (IOCL). Further prayer has been made for issuance of direction upon the respondent-IOCL to allow the petitioner No.1 to operate its LPG distributorship at Giridih (LPG Urban Market) which was allotted to the petitioner No.2, namely, Tikan Soren vide letter of intent dated 27.03.2014 till the complaint of the petitioner No.1 filed before the respondent-National Commission for Scheduled Tribes is adjudicated and finally decided. 2. Mr. Rahul Lamba, learned counsel for the respondent Nos. 1 & 2, raises a preliminary objection with regard to maintainability of the present writ petition on the ground that the same has been filed by the petitioners challenging the show cause notice dated 25.01.2022. It is further submitted that the petitioner No.1 has already filed its reply to the said show cause notice, however, the concerned authority of the IOCL is awaiting its personal appearance so as to fully comply the principles of natural justice before taking any decision in the matter. 3. Having heard learned counsel for the parties and considering that since the petitioner No.1 has filed the present writ petition at the stage of mere issuance of show cause notice dated 25.01.2022 calling upon as to why appropriate action including termination of its distributorship be not taken against it for breach of the terms and conditions of the agreement and the final decision has not been taken by the concerned authority of the IOCL in the matter, this Court is not inclined to entertain the same at this stage. So far as the petitioners’ prayer to restrain the respondents from taking any step in pursuance of the show cause notice dated 25.01.2022 till the National Commission for Scheduled Tribes takes decision on the complaint of the petitioner No.1 is concerned, this Court is of the view that both the proceedings being distinct from each other cannot be mixed up together. 4. The present writ petition is accordingly dismissed.