IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1840 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 1190 of 2009 WITH INTERLOCUTORY APPLICATION No. 9730 of 2010 WITH INTERLOCUTORY APPLICATION No. 10029 of 2010 IN LETTERS PATENT APPEAL No.1840 of 2010 ==================================================== Bishwanath Tiwary son of Late Jagdeo Tiwari, Resident of village+P.O. Bishambharpur, P.S. Bishambharpur, District-Gopalganj. …. …. Appellat/Petitioner Versus 1. The Indian Oil Corporation through its Managing Director, G-9, Ali Yavar Jung Marg, Bandra, East, Mumbai-400 051. 2. The Senior Area Manager, Indian Oil Corporation Ltd (MD, Idane Area Office, Sahi Bhawan, 1st Floor, Exhibition Road, Patna-800 001. …. …. Respondents/Respondents ==================================================== Appearance : For the Appellant : Mr. Kalpana, Advocate For the Respondent IOC: Mr. Kali Das Chatterji, Senior Advocate with Mr. Amlesh Kumar Verma, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 1.12.2010. This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner in the above C.W.J.C. No. 1190 of 2009 against the judgment and order dated 25th March 2010 passed by the learned single Judge. The subject matter of dispute is the LPG distributorship for Kuchaikot, District-Gopalganj. Under the prevalent policy the LPG distributorship was offered to one Gauri Shankar Pandey, a Freedom Fighter. On demise of the said Gauri Shankar Pandey, the - 2 - distributorship has devolved upon his son Sri Ravi Pandey. The appellant-petitioner having failed to secure the distributorship filed above C.W.J.C. No. 1190 of 2009 before this Court. The said petition has been dismissed by the learned single Judge. It is not in dispute that the appellant did not implead the above referred Gauri Shankar Pandey or his son Ravi Pandey, the owner of the distributorship, as party-respondent. Learned Advocate Ms. Kalpana has appeared for the appellant. She seeks leave to withdraw this Appeal and the writ petition C.W.J.C. No. 1190 of 2009 with liberty to file a fresh petition in the subject matter after impleading the above referred Ravi Pandey, son of Late Gauri Shankar Pandey as party-respondent. Leave is granted. The appellant-petitioner is permitted to withdraw the Letters Patent Appeal as well as the writ petition. Letters Patent Appeal No.1840 of 2010 and the C.W.J.C. No. 1190 of 2009 stand disposed of as withdrawn. The interlocutory applications stand disposed of. The appellant-petitioner will be at liberty to file a fresh petition in the same subject matter. The respondent Indian Oil Corporation will be at liberty to contest the writ petition on the grounds available. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)