WP(C)/6573/2011 of M/S G S and CO Vs INDIAN OIL CORPORATION LTD. and ORS on 23 December 2011

Conclusion

WP(C) 6573/2011BEFORE

HON’BLE MR. JUSTICE S. TALAPATRA

Heard Mr. H. Das, learned counsel appearing for the petitioner. Also heard Mr. K.N. Choudhury, learned Senior Advocate and Standing Counsel, Indian Oil Corporation.

The grievance of the petitioner is that he has been operating the S.K. Oil godown since 10.05.1977 by virtue of Annexure-1 to the writ petition. For bona fide necessity the petitioner is required to shift the said godown from Narengi to Noonmati. For that purpose he has made a representation to the Sr. Divisional Retail Sales Manager, Indian Oil Corporation Ltd. on 16.03.2011, as available at Annexure-3 to the writ petition. Since no action was forthcoming, he again submitteda reminder representation on 30.09.2011 (Annexure-5 to the writ petition), praying for giving him permission to shift the said kerosene godown from Narengi to Noonmati but no action whatsoever has been yet taken by the respondents.This Court is of the opinion that, ends of justice would meet if the writ petition is disposed of with the direction as follows.

Accordingly, the respondent Nos. 2 and 3 are directed to consider the representation of the petitioner, dated 16.03.2011 ( Annexure-3 to the writ petition) and the subsequent representation dated 30.09.2011 (Annexure-5 to the writ petition), within a period of 6(six) weeks from today.

As a matter of abundant caution, the petitioner shall furnish the certified copyof this order to the respondent Nos. 2 and 3, as expeditiously as possible. In addition thereto, a copy of this order be furnished to Mr. N. Baruah, learned Advocate for the respondent-Indian Oil Corporation, by the Registry for doing the needful.

The writ petition is accordingly disposed of. No order as to costs.