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Patna High Court

Sheo Kumar MochiversusIndian Oil Corporation Through General Manager and Ors

Decided
Disposal
DISPOSED

Holding

Indian Oil Corporation must restore the petitioner’s LPG distributorship and commence cylinder supply within six weeks of the order.

Summary

Sheo Kumar Mochi, an LPG distributor, filed a writ petition challenging a letter dated 04.03.2016 that attached his distributorship to another dealer and seeking restoration of cylinder supply. He requested a writ of certiorari to quash the attachment and a writ of mandamus directing Indian Oil Corporation (IOCL) to resume supply. IOCL had earlier sent a letter on 13.12.2018 to the Sub‑divisional Magistrate requesting the handover of premises to the petitioner, but the supply had not been reinstated. The Court noted that IOCL did not contest the 13.12.2018 letter and found no merit in continuing the attachment. Consequently, the Court ordered IOCL to complete the restoration of the LPG distributorship and commence supply within six weeks, directing any further statutory requirements to be communicated in writing. The petition was thereafter disposed of.

Issues considered

  • Whether the letter dated 04.03.2016 attaching the petitioner’s LPG distributorship can be quashed.
  • Whether Indian Oil Corporation is obligated to restore LPG cylinder supply to the petitioner.
  • Whether a writ of mandamus can be issued directing IOCL to restore supply within a specified time frame.

Subjects

  • LPG distributorship
  • certiorari
  • mandamus
  • Indian Oil Corporation
  • administrative law
  • restoration of supply
  • public distribution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.19721 of 2018
                 ======================================================
                 Sheo Kumar Mochi, son of- Moti Mochi, resident of Vill and P.O.- Bhadsara,
                 P.S.- Kako, District- Jehanabad.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    Indian Oil Corporation through General Manager, Jay Prakash Bhavan, Dak
                 Bunglow, Patna.
           2.    The Chief Area Manager Indian Oil Corporation, Jay Prakash Bhavan, Dak
                 Bunglow, Patna, at present First Floor, Shashi Bhawan, Exhibition Road,
                 Patna.
           3.    The Area Manager Indian Oil Corporation, Jay Prakash Bhavan, Dak
                 Bunglow, Patna.
           4.    Gupteshwar Mishra, Son of Shri Shivdeep Mishra, Resident of Sheo
                 Comples, Bikramganj, Ara- Sasaram Road, P.S.- Bikramganj, District-
                 Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Nikhil Kumar Agrawal, Advocate.
                 For the Respondent/s    :      Mr. K. D. Chatterji, Senior Advocate with
                                                Mr. Amlesh Kumar Varma, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

8   12-01-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                                       “….for issuance of a writ in the
                                             nature of a writ of certiorari or any other
                                             appropriate writ, order or direction, for
                                             quashing the letter dated 04.03.2016
                                             having Ref; PAO/RAJ/ENT as contained
                                             in Annexure P/16 whereby distributorship
                                             of the petitioner has been attached with
                                             another distributor and it is further
                                             prayed for the issuance of a
Patna High Court CWJC No.19721 of 2018(8) dt.12-01-2026
                                           2/4




                                 consequential writ in the nature of a writ
                                 of mandamus or any other appropriate
                                 writ, order or direction commanding the
                                 respondents IOC to restore supply of the
                                 LPG cylinders to the distributorship of
                                 the petitioner.”
                      3. In the counter affidavit filed by the Respondent

          Nos. 1 to 3 at Paragraph Nos. 23 and 24 it is stated as under:-

                                           “23. That with regard to the
                                statements made in Paragraph No. 25, it
                                is submitted that when the District
                                Administration unlocks or hands over the
                                possession of the LPG distributorship to
                                the distributor/Petitioner, the respondent
                                corporation shall take all measures to
                                restart the supply of LPG cylinders to the
                                petitioner, in accordance with its
                                policies.
                                           24. That in the aforementioned
                                facts and circumstances, the respondent
                                corporation had issued a letter dated
                                13.12.2018, to the Sub-divisional
                                Magistrate,       Bikramganj,       Rohtas
                                requesting him to hand over the key to
                                the authorized proprietor of M/s Raj
                                Enterprises (the petitioner) so that the
                                LPG distributorship operations can be
                                restored.
                      4. Learned counsel appearing on behalf of the

          petitioner has also drawn the attention of this Court to the

          document (Annexure R/1) which is a letter bearing Ref:

          POA/LPG/RAJ Ent dated 13.12.2018 written by the

          Respondent-IOCL             to    the      Sub-divisional   Magistrate,
Patna High Court CWJC No.19721 of 2018(8) dt.12-01-2026
                                           3/4




          Bikramganj, Rohtas. Learned counsel, further, submits that

          pursuant to the said letter the District Administration has also

          handed over the premises to the Respondent-IOCL but the

          Respondent-IOCL is still sitting tight over the same. Learned

          counsel seeks a direction from this Court to direct the

          Respondent-IOCL to complete the process of restoring the

          LPG Distributorship and commencement of supply in favour

          of the petitioner by fixing a time frame.

                      5. Learned Senior Counsel appearing on behalf of

          the Respondent-IOCL has not controverted the letter dated

          13.12.2018 (Annexure R/1) nor the statement made by the

          learned counsel appearing on behalf of the petitioner.

                      6. Having regard to the same, the present writ

          petition is disposed of directing the Respondent-IOCL to

          complete the process of restoring the LPG Distributorship and

          commencement of supply in favour of the petitioner as

          expeditiously as possible preferably within a period of 6

          weeks from the date of the receipt of the copy of this order. In

          case, the authority needs any clarifications or any other

          statutory legal requirements are to be fulfilled, the same shall

          be brought to the notice of the petitioner by way of written

          notice and the petitioner shall comply with the same.
           Patna High Court CWJC No.19721 of 2018(8) dt.12-01-2026
                                                      4/4




                                 7. With the above directions, the present writ

                     petition stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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