HINDUSTAN PETROLEUM CORPN Vs. CHANDER BHAN

JUDGEMENT

(1.) Leave granted.

(2.) Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court allowing the writ petition of the respondent No.1 who had filed the writ application before the High Court seeking a declaration that the advertisement issued by the appellants on 13.7.2005 for allotment of retail outlet dealership of the appellant No.1 (hereinafter referred to as the Corporation) at Sector 53, Gurgaon was illegal. Further prayer was for a direction to the Corporation to allot the said retail outlet to the respondent No.1 purportedly on the basis of a letter of intent dated 24.6.2003. The High Court held that the writ application deserved to be allowed and quashed the advertisement so far as it related to appointment of dealer for retail outlet at the site in question i.e. Sector 53, Gurgaon. Further direction was given to allot the said outlet dealership to the respondent No.1.

(3.) Background facts as projected by the appellant in a nutshell are as follows: On 19.8.2000 an advertisement was issued by the Corporation inviting application for appointment as dealer in respect of allocations at several places including a site at Gurgaon. The present dispute relates to the Sr. No.3 i.e. allocation for Delhi Jaipur Road Town Area, Gurgaon Revenue District, Gurgaon and it was for the open category. The nature of dealership was company owned. The first paragraph of the advertisement indicated that the appointment of dealers was of the various categories for company owned retail outlets on site owned by the Corporation/leased to the Corporation/dealer owned outlet on site/superstructure to be leased to the Corporation by the dealers selected. In the advertisement it was indicated at paragraph 2 that for dealership advertised for locations other than those reserved for scheduled castes category the applicant was required to furnish, along with the application, details of land which he/she would make available for the retail outlet. In the process for assessment of the evaluation of suitability, 35 marks were allotted out of 100 for capability to provide infrastructure and facilities (land, godown, showroom etc.). Undisputedly the respondent No.1 applied in the open category. On 24.6.2003 a letter of intent was issued to the respondent No.1 whereby approval was given to run a retail outlet dealership at district, Gurgaon. In the application filed by the respondent No.1, he had stated that the land was readily available and attached rough sketch details. Because he answered in affirmative to the question as to whether he had suitable site readily available he was allotted 35 marks. In respondent No.1s letter dated 27.8.2003, he had given the details of the description of the land as follows: