Syed Altaf Hussain v. Bharat Petroleum Corporation Ltd. and 2 Ors

ORDER Date : 30.09.2024

Heard Mr. M. P. Sarma, learned counsel for the petitioner and Mr. S. Borthakur, learned counsel for all the respondents.

¶2The petitioner's case is that he had applied for dealership for regular/rural retail outlet dealership in open category, pursuant to the advertisement dated

25.11.2018, issued by the Bharat Petroleum Corporation Limited (BPCL, in short). As the respondents have rejected the petitioner's application, vide letter dated 05.03.2019, the petitioner has preferred this writ petition for setting aside the impugned letter dated 05.03.2019.

¶3Mr. S. Borthakur, learned counsel for all the respondents has submitted letter dated 17.07.2019 issued by the BPCL that the retail outlet dealership, in terms of the advertisement dated 25.11.2018 in respect of the area in which the petitioner had applied for dealership, has been offered to one Mr. Raj Sekhar Gogoi, village Konwar Gaon, P.O.- Lakhimpur, District-Lakhimpur, Assam, vide letter of Intent dated 17.07.2019. He submits that the said Mr. Raj Sekhar Gogoi would have to be made a party respondent in the present case.

¶4I have heard the learned counsels for the parties.

¶5As the retail outlet dealership for North Lakhimpur town (on LHS within 2 KM of Malpani Chariali Towards Majuli on K.B. Road), has been awarded to Mr. Raj Sekhar Gogoi, which is the area applied for by the petitioner and as the said person has not been made a party to the writ petition, this Court is of the view Page No.# 3/3 that the writ petition cannot be decided without him being made a party respondent.

¶6Accordingly, the writ petition is dismissed, for non-joinder of necessary party, i.e. Mr. Raj Sekhar Gogoi, with liberty being given to the petitioner to file the same afresh, by impleading Mr. Raj Shekhar Gogoi as a respondent.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010248712019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7605/2019o SYEDoALTAFoHUSSAINo S/O-oAUWARoHUASSAINo@oSYEDoANWARoHUSSAIN,oR/O-oVILLoANDoP.O-o PHUKANARHAT,oP.S-oPANIGAON,oLAKHIMPUR,oASSAM,oPIN-o787052 VERSUSo BHARAToPETROLEUMoCORPORATIONoLTD.oANDo2oORSo AoGOVToOFoINDIAoENTERPRISE)oHAVINGoITSoREGDoOFFICEoAToOFFICEo BHARAToBHVAN,o4oANDo6oCURRIMBHOYoROAD,oBALLARDoESTATE,o MUMBAI,oPIN-o400001o(REP.oBYoITSoCHAIRMANoCUMoMDo(CMD) 2:CHAIRMANoCUMoMD oBPCLoOFFICEoBHARAToBHVAN o4oANDo6oCURRIMBHOYoROAD oBALLARDoESTATE oMUMBAIoPIN-o400001 3:HEADoTERRITORYoOFFICEo(ToMoRETAIL) oGUWAHATI o1SToFLOOR oNEXIAoPARK oGMCHoROAD oCHRISTIANoBASTI oGUWAHATI oASSAM oPIN-o78100o AdvocateoforotheoPetitionerooooo:oMR.oUoKoNAIR,oMRoPoSoDEKA,MR.oAoCHETRY,MR.oMoPoSARMAo AdvocateoforotheoRespondento:oMR.oSoSoROY,oMR.oSoBORTHAKURoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA