In the event that an appeal is filed, the issue of limitation will not prevent the appeal from being adjudicated on the merits: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.43421 Shankar Uranw Son of Lutharu Uranw Resident of Village Gamhariya Police Station Manpur District West Champaran ... Petitioner s The Chairman Indian Oil Corporation Ltd 3079 03 J.B. TiTO Marg Sadique Nagar New Delhi The Executive Director Indian Oil Corporation Ltd Marketing Division Eastern Region Office Indian Oil Bhawan Dhakuria Kolkata The Executive DirectorIndian Oil Corporation Ltd Lok Nayak Jay Prakash Bhawan Dakbunglow Road Patna The Deputy General ManagerIndian Area Office Patna Indian Oil Corporation Ltd First Floor Shahi Bhawan Exhibition Road Patna ... Respondent s Mr. Jagdish Prasad Singh Advocate Mr. Sanat Kumar Mishra Advocate For the Petitioner s For the Respondent s CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR Per: HONOURABLE THE CHIEF JUSTICE Date : 22 12 2021 Heard learned counsel for the parties Petitioner has prayed for the following relief(s): “(i) For setting aside of letter PAT FVC GAMHARIA 13.10.2020 issued under the signature of Dy General ManagerIndian Area Office Patna whereby and whereunder petitioner has been informed that petitioner’s application for award of LPG distributorships at Gamharia District West Champaran is rejected for want of FVC fees alleging inter alia. Petitioner was informed through registered mail dated 11.09.2020 and 19.09.2020 for depositing of 10% Security deposit i.e. Rs. 40 000 but not Patna High Court CWJC No.43421 dt.22 12 2021 deposited though such mail or information through other mode has not been given to II) An appropriate direction be issued directing the Respondents to fix any suitable date for depositing FVC fee and inform accordingly enabling the petitioner to deposit the same for further action III) Any other appropriate writ or direction may be issued which may be applicable in the facts and circumstances of the After the matter was heard for some time learned counsel appearing on behalf of the petitioner under instructions states that petitioner may be permitted to prefer an appeal against the impugned order before the Appellate Authority Permission granted. Learned counsel for the respondents states that if such an appeal is preferred within a period of four weeks from today the issue of limitation if any shall neither be raised nor allowed to come in the way of adjudication of the appeal on merits. Statement accepted and taken on record. As such petition stands disposed of in the following mutually agreeable terms: a) Petitioner is permitted to prefer an appeal within a period of four weeks from today b) In the event of appeal being preferred within a period of four weeks from today the issue of limitation shall not Patna High Court CWJC No.43421 dt.22 12 2021 come in the way of adjudication of the appeal on merits c) Opportunity shall be granted to the parties to place on record all essential documents and materials if so required and desired d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment e) The Appellate Authority shall decide the appeal on merits in compliance of the principles of natural justice f) The Appellate Authority shall pass a reasoned and speaking order within a period of eight weeks from the date of filing of the appeal g) Copy of the reasoned and speaking order passed by the Appellate Authority shall be supplied to the parties h) Equally liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law i) We are hopeful that as and when petitioner takes recourse to such remedies as are otherwise available in law before the appropriate forum the same shall be dealt with in accordance with law and with reasonable dispatch j) We have not expressed any opinion on merits and all issues are left open Patna High Court CWJC No.43421 dt.22 12 2021 k) Liberty reserved to the petitioner to challenge the order before the appropriate forum if required and desired The instant petition sands disposed of in the aforesaid Sanjay Karol CJ) ( S. Kumar J

Summary: In the event that an appeal is filed where party is permitted to prefer appeal, the issue of limitation will not prevent the appeal from being adjudicated on the merits is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Shankar Uranw Vs. The Chairman, Indian Oil Corporation Ltd (Civil Writ Jurisdiction Case No.4347 of 2021) Brief facts of the case are that under the signature of Dy. General Manager (L.P.G.-S) Indian Area Office, Patna, petitioner’s application for award of LPG distributorships at Gamharia, District-West Champaran is refused for lack of FVC fees alleging inter alia. Petitioner was notified through registered mail to deposit a 10% security deposit, i.e. Rs. 40,000/-, but no deposit was made, notwithstanding the fact that no such message or information through other means was sent to petitioner. As a result, the petitioner sought for An appropriate order to be issued instructing the Respondents to set any suitable date for depositing the FVC fee and to notify the petitioner accordingly, allowing the petitioner to pay the fee for further action. The learned counsel representing petitioner states that the petitioner may be entitled to appeal the impugned order to the Appellate Authority. According to learned counsel for the respondents, if such an appeal is filed within four weeks of today, the question of limitation should not be raised or allowed to obstruct the merits determination of the appeal. The petition has been disposed of in a mutually agreeable manner. That is, Petitioner may file an appeal, and if an appeal is filed within time, the question of limitation will not prevent the appeal from being heard on the merits. Furthermore, if required, the parties will be given the opportunity to record all essential information and materials. The Appellate Authority shall decide the appeal on the merits, in accordance with natural justice principles. Petitioner, through learned counsel, agrees to fully cooperate and not seek unnecessary adjournment and the Appellate Authority shall issue a reasoned and speaking order within eight weeks of the date of filing of the such appeal and copy of the reasoned and speaking order issued by the Appellate Authority shall be supplied to the parties.