Patna High Court
Sheo Kumar MochiversusIndian Oil Corporation Through General Manager and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
Checking your session…