IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19792 of 2010 FARAH YASMIN SHIBA @ FARAH YASMIN W/O SHRI AKHLAQUR RAHMAN & D/O QUAZI SHAKEEL EKTA, RESIDENT OF FLAT NO.-103 VISHAL APARTMENT MEHENDRU, P.S. PIRBAHORE, DISTRICT PATNA……PETITIONER Versus 1. INDIAN OIL CORPORATION LTD. THROUGH THE CHAIRMAN-CUM-GENERAL MANAGER, INDIAN OIL CORPORATION LTD., G-9 ALI YAVAR JANG MARG, BANDRA (EAST), MUMBAI 2. THE GENERAL MANAGER, INDIAN OIL CORPORATION LTD. G-9 ALI YAVAR JANG MARG, BANDRA (EAST), MUMBAI 3. INDIAN OIL CORPORATION LTD., BIHAR STATE UNIT THROUGH ITS GENERAL MANAGER, 5TH FLOOR, LOK NAYAK JAI PRAKASH BHAWAN, DAK BANGLOW CHOWK, PATNA -800001. 4. THE GENERAL MANAGER INDIAN OIL CORPORATION LTD. (MARKETING DIVISION), BIHAR STATE OFFICE, 5TH FLOOR, LOK NAYAK JAI PRAKASH BHAWAN, DAK BANGLOW CHOWK, PATNA -800001. 5. THE AREA MANAGER, INDIAN OIL CORPORATION LTD., BIHAR STATE UNIT, (MARKETING DIVISION, EASTERN DIVISION), FIRST FLOOR, SHAHI BHAWAN, EXIBITION ROAD, PATNA-800001……………….RESPONDENTS. For the petitioner : M/s Md. Anis Akhtar and Arif Daula Siddiqui, Advocates. For the respondents : M/s K.D. Chatterjee, Sr. Advocate with Shailesh Kashyap, Advocate. ----------- 03/ 09.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the respondents Indian Oil Corporation Limited and its authorities. 2. This writ petition has been filed by the petitioner challenging letter dated 19.11.2010 (Annexure-9) by which candidature of the petitioner for award of Indane distributorship of Indian Oil Corporation Limited at Patna under O.P.(W) category has been rejected on the ground that the lease deed offered for showroom is not registered before - 2 - the Registrar and that too without giving her an opportunity of being heard. 3. Learned counsel for the petitioner submits that earlier the property belonged to her father but after application for distributorship was filed the father of the petitioner made an oral gift in her favour which is permissible in accordance with law, whereafter she came in possession of the premises and got her name mutated in the Government Records and thus having become the owner herself, the petitioner did not require any registered lease in her favour by her father. 4. Learned counsel for the petitioner further submits that the petitioner has filed several applications before the authorities concerned but they are not heeding to her request and it is apprehended that they would award Indane L.P.G. distributorship of Indian Oil Corporation Limited at Patna under O.P.(W) category to any other person by issuing Letter of Intent. 5. On the other hand, learned counsel for the respondents submits that the concerned person to decide the matter is Deputy General Manager, L.P.G. Patna, but it transpires from the writ petition that no application has been filed before the said authority and hence, there was no occasion for the respondents to look into the matter. 6. Considering the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file an application before the Deputy General - 3 - Manager, L.P.G. Patna within fifteen days from today along with a copy of this order. If such an application is filed within the aforesaid time, the Deputy General Manager, L.P.G., Patna shall decide the matter after giving opportunity of personal hearing to the petitioner, if possible, within six weeks from the date of filing of the application and till then the respondents will not award Indane L.P.G. distributorship of Indian Oil Corporation Limited at Patna under O.P.(W) category to any other person by issuing Letter of Intent. Harish (S.N. Hussain, J.)