LAWS(APH)-2011-11-44

TRUPTHI LAHOTI Vs. CHIEF DIVISIONAL RETAIL SALES MANAGER

Decided On November 15, 2011
TRUPTHI LAHOTI Appellant
V/S
CHIEF DIVISIONAL RETAIL SALES MANAGER, BHARAT PETROLEUM CORPORATION LTD Respondents

JUDGEMENT

(1.) Petitioner questions the action of the Bharath Petroleum Corporation Limited (for short 'BPCL') in allotting retail petroleum outlet to fifth respondent as well as no objection certificate granted by the second respondent to BPCL.

(2.) Petitioner states that BPCL published a notification in newspapers inviting dealers to install retail outlet at different parts and so far as relevant, in this case, a retail outlet shown at Sl. No. 51 described as Narayanpet (Vir Savarkar X Road - New Bus Stand Road), Mahabubnagar District, in the category open (W) with a regular marketing plan was notified inviting offers. The fifth respondent applied in response to the said notification and the petitioner, admittedly, did not apply, She states that as per the notification, the extent of land required for fulfilling eligibility was 35 Mts x 35 Mts (115 Ft x 115 Ft) but the petitioner states that under the impression that her land did not satisfy the dimensions required, she did not apply. The fifth respondent, who offered her land in response to the notification, was found satisfying the requisite criteria and was selected, whereupon BPCL applied for no objection certificate to the second respondent - District Collector, which has been granted for a site of the fifth respondent with dimensions of 84 Ft x 114.80 Ft totally admeasuring 895.87 sq. meters in Sy.Nos. 261, 262 and 265 of Narayanpet.

(3.) The main contention of the petitioner in this writ petition is that though the fifth respondent's site does not conform to the dimensions notified, which is confirmed by the no objection certificate issued by the second respondent, the fifth respondent is selected and awarded dealership.