Suman Devi vs Bharat Petroleum Corporation Ltd. and Others

Alok Sharma, J.—Counsel for the petitioner seeks permission to withdraw the petition and resort to the remedy under Clause 19 of the Guidelines for selection of Retail outlet dealers which provide for an aggrieved person to file a complaint to the oil company in regard to his grievance inter alia in respect of selection of a dealer for allotment of a retail outlet. Mr. Anant Kasliwal, appearing for respondent-HPCL, has no objection in the event the petitioner were to approach the constituted forum under Clause 19 of the Guidelines for selection of retail outlet dealer owing to his aggrievement. He fairly submits that from the limitation as provided for filing complaints under the Guidelines aforesaid, the period the petition has been pending before this Court shall be excluded.

Consequently, the writ petition is dismissed as withdrawn with liberty to the petitioner to approach the competent authority under Clause 19 of the Guidelines for selection of retail outlet dealer. The complaint be filed within a period of ten days from today. The competent authority is directed to decide the petitioner''s grievance within a period of four months thereafter. On the question of limitation, the period of the pendency of the writ petition before this Court shall be excluded. For the remainder period, it will be for the petitioner to satisfy the competent authority the reason for the delay - if any. The complaint/application for condonation of delay shall be decided by a reasoned and speaking order.