BARIA HIRASINGH RAISINGH ALIAPATELLA Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for direction to the respondents not to enter into Field Investigation Report or any contract for the dealership with any other person except the petitioner. By way of amendment, the petitioner has also prayed for the directions to the respondents to complete the Field Investigation Report in the case of the petitioner and to execute the contract of dealership for SKO/LDO kerosene in favour of the petitioner.

(2.) This Court has issued notice on 26.11.2001 and the respondents were restrained from entering into any contract for the dealership with any other person except the petitioner. On service of notice, Mr. G.N. Shah, learned advocate appeared and placed on record an affidavit in reply filed on behalf of Dealers Selection Board on 04.12.2001. The petitioner filed affidavit in rejoinder on 08.07.2002. M/s. Nanavati Associates appeared on behalf of the respondent Nos. 2 and 3 - Indian Oil Corporation and its General Manager and placed on record an affidavit of reply dated 07.08.2002. Additional affidavit is filed on behalf of the respondent Nos. 2 and 3 on 30.09.2003. The petitioner has also filed further affidavit on 17.12.2009.

(3.) Case of the petitioner is that an advertisement was issued in the daily newspaper namely Gujarat Samachar dated 17.10.2000 for the dealership of SKO/LDO for village Piplod. The petitioner made an application since the relevant criteria for making such an application was that the applicant should be a person, who belongs to the category of schedule tribe. Along with the said application, the petitioner has supplied all necessary documents such as affidavit, undertaking, residential certificate, certificate of schedule tribe, certificate of income and other relevant documents. Thereafter, the petitioner appeared at the interview on 14.10.2001 and the petitioner was declared as selected for the dealership in the merit list as number first.