Court No. - 1
Case :- WRIT - C No. - 38696 of 2019 Petitioner :- Shyam Lal Respondent :- Indian Oil Corporation Limited And 2 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- Devi Shanker Shukla Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Kumar,J.
Heard Sri Birendra Singh, learned counsel for the petitioner, Sri Devi Shanker Shukla, learned counsel appearing for respondents no.1 and 2 and perused the record.
By means of this writ petition, under Article 226 of the Constitution of India, the petitioner has sought a prayer in the nature of mandamus commanding the respondents to consider and decide his objection/representation dated 19.11.2019 which he claims to have made in paragraph no.16 of the writ petition before the competent authority.
However, from perusal of the representation that has been appended as Annexure-11 to the writ petition, we do not find any date on the same nor we find as to by what mode of service that has come to be served upon the competent authority. Further, we also find that no registry receipt has been appended and not only this the representation is claimed to have been made on 19.11.2019 and the writ petition has been sworn before this Court on 24.11.2019. Even in matters of registered letter being sent it takes about four weeks time to have deemed service and any cause of action can arise thereafter. Even in matters of urgency a fresh cause of action may arise but for that purpose a genuine claim and genuine case has to be set up.
From the perusal of the pleadings that have come to be raised in the writ petition and the documents on the basis of which the pleadings have been raised, we are not able to reconcile para-16 with Annexure-11 to the writ petition. The writ petition is quite pre-mature and, therefore, we decline to interfere. Accordingly, the writ petition is 'dismissed as this stage'
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 28.11.2019/NS