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2025 DAILYLAW 15347 (GAU)

ALL ASSAM RGGLV (LPG) DISTRIBUTORS ASSOCIATION v. THE INDIAN OIL CORPORATION LTD AND 2 ORS.

WP(C)/4406/2018 · 2025-05-08

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No. 1/3 GAHC010170612018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4406/2018 ALL ASSAM RGGLV (LPG) DISTRIBUTORS ASSOCIATION HAVING ITS REGISTERED OFFICE AT KATAHBARI HOUSE NO. 13 GARCHUK GUWAHATI DIST. KAMRUP (METRO) ASSAM REP. BY ITS SECRETARY SRI SHAHIDUL ISLAM AGED 36 YEARS SON OF LT. AKKASH ALI AHMED R/O KATAHBARI GUWAHATI- 781035 KAMRUP (METRO) ASSAM VERSUS THE INDIAN OIL CORPORATION LTD AND 2 ORS. REP. BY DEPUTY GENERAL MANAGER LPG (SALES) BAMUNIMAIDAM GUWAHATI- 781021 KAMRUP (METRO) ASSAM 2:THE BHARAT PETROLEUM CORPORATION LTD. REP. BY THE STATE HEAD (LPG) BPCL NORTH EAST 1ST FLOOR NEXIA PARK GMCH ROAD ANANDA NAGAR CHRISTIAN BASTI Page No. 2/3 GUWAHATI - 781005 KAMRUP (METRO) ASSAM 3:HINDUSTAN PETROLEUM CORPORATION LTD. REP. BY THE AREA SALES MANAGER LPG HPCL GUWAHATI DEPOT GUWAHATI IRD NEAR BALAJI MANDIR GUWAHATI-781040 KAMRUP (METRO) ASSAM Advocate for : MR. K N CHOUDHURY Advocate for : SC I O C appearing for THE INDIAN OIL CORPORATION LTD AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 09.05.2025 Heard Mr. T. Kashyap, learned counsel for the petitioner and Mr. N. Sarma, learned counsel for all the respondents. 2. The petitioner association has assailed notices for selection of LPG Distributor, published on 25.08.2018 and 12.06.2018, for appointment of LPG Distributors at various rural areas across the State of Assam. Notices were issued to the respondents as far back as on 13.07.2018. However, no interim relief was granted to the petitioner at that point of time. 3. Mr. Kashyap, learned counsel appearing for the petitioner has submitted that the representation of the petitioner association were not in contact since a long time. Therefore, letters were sent to the office bearers of the petitioner association at their registered address on 02.05.2025 by registered post with A/D and the registered articles were duly delivered to them as per the post track consignment report obtained from the India Post website. Page No. 3/3 4. Mr. Sarma, learned counsel appearing for the respondent authorities has placed a Communication dated 04.05.2025 addressed to him by the Manager [LPG-Sales], Guwahati Indane Divisional Office, IOC and has submitted the distributors in most of the locations advertised in the notices, dated 25.05.2018 and dated 12.06.2018, have already been appointed and it is those Letter of Appointments [LoAs] are to be challenged in an appropriate proceeding as issuance of those LoAs have given rise to fresh causes of action for the petitioner association, if they are so advised. 5. As the learned counsel for the petitioner has fairly submitted that they are not in contact with the office bearers of the petitioner association for a long time and considering the fact that distributors have been appointed in most of the locations advertised for appointment of distributors vide notices dated 25.05.2018 and 12.06.2018 giving rise to fresh causes of action to challenge, this Court is of the considered view that no purpose would be served to proceed further with this writ petition. The writ petition is accordingly closed. 6. It is for the petitioner association to assail the Letter of Appointments [LoAs] issued to the distributors appointed subsequent to the notices, dated 25.05.2018 and dated 12.06.2018, in an appropriate proceedings, if so advised. 7. The documents placed by Mr. Kashyap, learned counsel for the petitioner including the Communication dated 02.05.2025 and the postal track consignment report are to be kept with the case record by marking it as collectively Document-‘X’ and the documents placed by Mr. Sarma, learned counsel for the respondent IOCL authorities are also to be kept in the case record by marking them collectively as Document-‘Y’. JUDGE Comparing Assistant