RAGHU NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) MR . K.D. Chatterjee files a counter affidavit on behalf of the Chief Divisional Manager, Indian Oil Corporation, respondent no. 6. Let it be taken on record.

(2.) THIS writ petition arises from a dispute over the control of a petrol pump at Paliganj. The dispute is between two cousins (first degree paternal) and as a result of the dispute the petrol pump stands closed from 16.12.2003. Mr. K.D. Chatterjee stated that the closure of the petrol pump not only affected adversely the sale of the Corporation but it was causing great inconvenience to the people of Paliganj and it was in the general interest, both of the Oil Corporation and the consumers, that the petrol pump should resume operation at an early date.

(3.) THE undeniable position is that the Dealer Agreement stands between the Indian Oil Corporation and Shri Bhanu Pratap Singh/Sheo Pujan Singh carrying on business in the firm named and styled as M/s Raghunandan Singh & Sons. Raghunandan Singh is now dead and he has left behind two sons, namely, Bhanu Pratap Singh (who represents the partnership firm, being the petitioner) and Sheo Pujan Singh. It is the case of the petitioner that in terms of the agreement they were running the petrol pump which was in operation admittedly till 16.12.2003. The piece of land over which the petrol pump is situate is also claimed by the petitioner as their raiyati land. According to petitioner, the intervenor Ravindra Singh has no manner of concern either with the Dealership Agreement, 1he running of the petrol pump or the price of land over which it is constructed.