UMESH CHANDRA CHINERA Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner in this writ application assails the selection of opposite party no.4 as a retail dealer for Petrol/Diesel of Bharat Petroleum Corporation Ltd. at Saatmile Chhak, Dist. Dhenkanal on the Cuttack-Sambalpur Highway.

(2.) Opposite party no.3 advertised in daily newspaper on 23.08.2011 for award of MS/HSD Retail outlet Dealership of BPCL at Saatmile Chhak, Dist.Dhenkanal in pursuance whereof, the petitioner and opposite party no.4 applied. After scrutiny of the applications, opposite party no.3 invited the applicant and opposite party no.4 for interview. The petitioner, who is an ex-Navy Officer having retired in the rank of Hon. Sub-Lieutenant, claims that he has fulfilled all the requirements as per the aforesaid advertisement. He further contends that he has requisite measure of land close to the Highway bearing plot no.90 of Hal Khata No.252 of Mouza-Baghaharia, Tahsil-Hindol, Dist. Dhenkanal.

(3.) Opposite party no.4 has submitted Record of Rights of mouzaBaghdharia of Hal Plot no.447 of Hal Khata No.260 having an area of Ac.1.020 decs. and Hal Plot No.459 of Hal Khata No.260 of an area of Ac.1.130 decimals. Further, opposite party no.4 has also shown the area under Plot no.439 corresponding to Hal Khata No.146 under the Kisam 'Abada Jogya Anabadi' and 'Parbat Dui' of an area of Ac.26,600 decs., wherein a public road is to be constructed without changing the Kisam of the land by due process of law. Hal Plot nos.447 and 459 under Hal Khata no.260 are not connected with any public road. The public road and such other lands of opposite party no.4 is intervened by the Government land under Hal Plot No.439 corresponding to Hal Khata no.146, wherein 33 KV/11 KV. electric line runs. Besides over Hal Plot No.447 corresponding to Khata No.260 of opposite party no.4, the said high voltage line is also running, wherein the petrol/diesel pump cannot co-exist under the high tension electric line.