Sunita Kumari vs Chief Regional Manager (T And M Retail) Bharat Petroleum Corporation Ltd.

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

It is the petitioner’s grievance that despite the petitioner having suggested an alternate land for allotment of the petrol pump, the respondents

have refused to accept his communication dated 07.01.2020 (Annexure-7, Page No. 98).

We find that there is an option under the “Brochure Selection of Dealers for Regular & Rural Retail Outlets†(Annexure-6 Page No. 22),

entitling the petitioner to take recourse to such procedure (Clause-6). We also notice that the very same document contains a dispute redressal

mechanism in relation to the process, subject matter of the present lis (Clause-18, Page No. 48).

At this stage, learned counsel for the applicant states that petitioner be permitted to take recourse to the said clause, but, however, prays that the

respondents should decide the petitioner’s request at the earliest.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall approach the authority concerned within a period of two weeks from today by filing a representation in terms of Clause (18) of the

“Brochure Selection of Dealers for Regular & Rural Retail Outletsâ€​ for redressal of the grievance(s);

(b) The appropriate authority shall positively consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of 30

days, as is so stipulated in the scheme;

(c) The order assigning reasons shall be communicated to the petitioner;

(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties;

(e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties;

(f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law and with reasonable dispatch;

(h) Liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action;

(i) We have not expressed any opinion on merits. All issues are left open;

(j) The proceedings, during the time of current Pandemic-Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually

agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.