INDIAN OIL CORPORATION Vs. GURMEET SINGH

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Single Judge in W.P. No.3483/2005 dt. 27.2.2006, the Indian Oil Corporation has filed this appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.

(2.) The matter relates to the grant of Retail Outlet to eligible candidate. In this behalf an advertisement Annexure P/3 was issued on 26.2.2004 inviting applications from the eligible candidates from open category for a Retail Outlet/Dealership of Petrol at Kala Papal. The respondent Gurmeet Singh also competed in the process and was selected for the Dealership. However, on 27.5.2005, when the site was inspected it was found that there was a High Tension (11 kilovolt) line passing through the site. This fact was reported to the committee but despite having been apprised of the said defect in the site rendering the respondent disqualified, the Company selected the respondent No.1. However, upon further inspection on 13.8.2005, by Annexure R/4, upon a complaint having been made in this behalf, the Corporation was informed that in view of the findings of investigation, the complaint was substantiated as there was an over head High Tension Line passing through the land of the respondent. It was in these premises that the appellants issued Annexure P/1 dt. 8.9.2005 informing that the merit panel of the subject location had been cancelled.

(3.) The respondent assailed the said order as illegal and improper before the learned Single Judge. Learned Single Judge, on finding that the respondent had proposed to shift the said High Tension Line and make the site suitable, directed that the respondent shall get the High Tension Line removed through the MP.Electricity Board within three months and in case the line stands removed within the said period, the order of cancellation of merit panel of the subject location Annexure P/1 shall stand quashed and the dealer-ship shall be allotted to the petitioner as per Annexure R/1. It was further stated that in case the respondent fails in removing the High Tension Line within the time prescribed, the petition shall stand dismissed. It is this -direction which is assailed in the present appeal.