Mahesh Prasad V. The Union Of India and Ors

CWJC/12413/2013

AI Insights

The case involves multiple writ petitions filed by different petitioners challenging the allotment of an LPG distributorship to the third petitioner. The core issue revolves around the genuineness of the residential certificate submitted by the third petitioner, which was initially cancelled by the Circle Officer but later reinstated and then again cancelled due to the submission of a forged document. The court's intervention was sought to resolve the ongoing disputes and procedural ambiguities concerning the residential certificate, which was crucial for the distributorship allotment.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 725264 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 03-12-2018
• Assessment Year: misc
• Other Referred Cases: Rajesh Choudhary vs. The State of Bihar & Ors.
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: ANJANI SHARAN
• Assessee Lawyers: NIKHILESH KUMAR
• Keywords: Forged Document; Income Tax Return; LPG Distributorship; Residential Certificate

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12413 of 2013 ====================================================== Mahesh Prasad Son Of Karu Mahto Resident Of Village - Bhaghar, Police Station - Barachatti, District - Gaya ... ... Petitioner/s Versus 1. The Union Of India Through Secretary, Department Of Ministry Of Petroleum, Government Of India, New Delhi 2. General Manager (L.P.G.), Bharat Petroleum Corporation Ltd. Bharat Bhawan, 4 & 6, Currimbhai Road, Ballard Estate, Post Box No. 688, Mumbai - 400001 3. Territory Manager (L.P.G) Bharat Petroleum Corporation Ltd. Industrial Area, Fatuha, District - Patna 4. The State Of Bihar Through District Magistrate, Gaya 5. Circle Officer, Barachatti, Gaya 6. Ankita Singh Daughter Of Shyam Shankar Prasad Singh Mother'S Name Meera Devi Resident Of Quarter No. TSL - 553, Baridih, Jamshedpur, Jharkhand State , PIN - 831017 ... ... Respondent/s with Civil Writ Jurisdiction Case No. 21244 of 2013 ====================================================== Ameet Kumar Gupta Son Of Sri Rajendra Prasad Gupta Resident Of Village - Barachatti (Bara), Police Station and Post Office - Barachatti, Distt. - Gaya ... ... Petitioner/s Versus 1. The Union Of India Through Secretary Department Of Ministry Of Petroleum, Govt. Of India, New Delhi 2. The General Manager (L.P.G.) Bharat Petrleum Corporation Ltd, Bharat Bhawan 4 and 6 Currimbhai Road, Ballard Estate, Post Box No. 688 Mumbai - 400001 3. The Territory Manager (L.P.G.) Bharat Petroleum Corporation Ltd, Industrial Area, Fatuha, Patna 4. The Territory Cordinator ( LPG & Sales ) Fatuha, Patna (Bihar) 5. The District Magistrate, Gaya 6. The Circle Officer, Barachatti, Gaya 7. Ankita Singh Daughter Of Shyam Shankar Prasad Singh Resident Of Quarter No.TSL 553, Baridih, Jamshedpur, Jharkhand State, PIN 831017 ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5415 of 2015 ====================================================== Patna High Court CWJC No.12413 of 2013 dt.03-12-2018 2/4 Ankita Singh daughter of Shyam Shankar Singh resident of village Tetaria. Khurd , P.S. Barahchatti, Distt Gaya, proprietor of M/S. Ankita Bharat Gas Gramin Vitrak. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary , Govt. of Bihar Patna 2. The Collector, Gaya. 3. The Sub-divisional Officer Sherghati Distt Gaya. 4. The Anchal Adhikari Barachatti Gaya. 5. The Territory Co-ordinator, Sales, Patna Bharat Petroleum Corporation Limited. 6. General Manager (L.P.G.) Bharat Petroleum Corporation Limited Bharat Bhavan ,4 & 6 ,Currimbhai Road Ballard Estate , Post Box No 688 Mumbai 400001. ... ... Respondent/s ====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 12413 of 2013) For the Petitioner/s : Mr. Nikhilesh Kumar,Adv For the Respondent/s : Mr. Anjani Kr Sharan, Adv (In Civil Writ Jurisdiction Case No. 21244 of 2013) For the Petitioner/s : Mr. Binod Kumar Sinha, Adv For the Respondent/s : Mr. Manikant Mishra, Adv (In Civil Writ Jurisdiction Case No. 5415 of 2015) For the Petitioner/s : Mr. Mukesh Kumar No-1,Adv For the Respondent/s : Mr. Harish Kumar- GP32 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 03-12-2018 All these writ petitions involve inter-connected issues whereby the petitioners of the first two writ petitions(hereinafter referred to as the first and second petitioners respectively) are aggrieved by the allotment of LPG distributorship in favour of the petitioner of the third writ petition (the third petitioner, for convenience). 2. Without going into the detailed merits of the matter, Patna High Court CWJC No.12413 of 2013 dt.03-12-2018 3/4 this Court takes note only of the foundational facts to the effect that pursuant to orders of this Court in CWJC No. 20590 of 2013 (Rajesh Choudhary vs. The State of Bihar & Ors.) the matter of genuineness of the residential certificate of the third writ petitioner came to be tested and by order passed under memo no. 441 dated 21.08.2014 (Annexure-4) the residential certificate of the third writ petitioner came to be cancelled by the Circle Officer, Barachatti. The matter was taken further before the Sub Divisional Officer, Sherghati, Gaya, who by memo no. 1417 dated 26.12.2014 (Annexure- 6) passed order directing that the order of the Circle Officer dated 21.08.2014 be kept in abeyance. Thereafter a further order was passed by the Sub Divisional Officer, Sherghati under memo no. 475 dated 17.06.2017 (Annexure-7), inter alia, finding that a forged document by way of acknowledgment of Income Tax Return had been submitted by the third writ petitioner for the purpose of residential certificate. Accordingly, the earlier order directing the order of the Circle Officer to be kept in abeyance came to be vacated. 3. Despite the order dated 17.06.2017 having been passed by the Sub Divisional Officer in some detail, yet as Patna High Court CWJC No.12413 of 2013 dt.03-12-2018 4/4 submitted on behalf of the third writ petitioner, there is nothing in the order to indicate that apart from vacating the interim stay, the matter has been finally disposed of. 4. With a view to remove any ambiguity and with the consent of the parties, the writ petitions are disposed of with a direction to the Sub Divisional Officer, Sherghati, Gaya to pass a final order in the matter expeditiously and preferably within a period of four weeks from the date of receipt/production of a copy of this judgment. 5. Needless to say, it will be open to any of the parties to approach the respondent-Corporation pursuant to final order being passed by the Sub Divisional Officer, Sherghati, Gaya. Chandran/BT (Vikash Jain, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 13.12.2018 Transmission Date NA "