SUVENDU KUMAR PARIDA Vs. SENIOR DIVISIONAL MANAGER

JUDGEMENT

(1.) THE petitioner has prayed to issue a writ of mandamus for quashing the letter of intent issued in favour of Opposite Party Nos. 4 or 5 in regard to the Retail Outlet Dealership of Bharat Petroleum Ltd. at Baripada and to grant the said Retail Outlet Dealership in his favour pursuant to the advertisement (Annexure 1).

(2.) THE claim of the petitioner is that in response to the advertisement (Annexure 1 in Samaj dtd. 15.6.1998 for the Retail Outlet Dealership under Open Category at Baripada, he applied (vide Annexure 2) for the same complying all requirements. He was called for the interview under Annexure 3 by the Dealer Selection Board (Opp. Party No. 3) and accordingly he appeared in the interview on 21.1.1999. He remained under the impression as per this information that he stood first in the Selection list. Since he did not get any intimation from the Opp. Party Nos. 1, 2 and 3 he tried to know it by correspondence and telegram (Annexures 4, 5 and 6), the last being on 10.3. 1999. Thereafter, he enquired and found that Opp. Party No. 4, namely Orissa Pisciculture Development Corporation to have been awarded with the Retail Dealership at Baripada. According to the averment, the Opp. Party Nos. 4 is not eligible for the said dealership being a non applicant and the Opp. Party No. 5 is also not eligible as its Memorandum of Association do not authorize the Company to hold such a business. In addition Opp. Party No. 5 do not have the required qualification as per advertisement Annexure 1 rather the Company has got disqualification. He has specially stated in the affidavit that Opp. Party No. 5 is restricted to hold any business beyond 15 Kms. of the entire length of seashore of Orissa State. It is further stated that since there is no merger/amalgamation of Opp. Party No. 5 i.e., Orissa Maritime and Chilka Area Development Corporation Ltd. (Opp. Party No. 4), the said opp. party No. 4 cannot run the business being the non applicant on behalf of Opp. Party No. 5 who was the applicant in response to the advertisement Annexure 1. As he did not get any intimation from the Opp. Party Nos. 1 to 3, he approached the extraordinary jurisdiction of the Court with the prayer indicated above.

(3.) IN further affidavit the Opp. Party Nos. 4 and 5 have stated that the merger or amalgamation of Opp. Party No. 5 took place vide Government Notification No. 13502 dtd. 11.8.1998 with Orissa Fish Seed Development Corporation and a new Corporation emerged in the name of Orissa Pisciculture Development Corporation Ltd. i.e., Opp. Party No. 4 as per Annexure A/4. They have further clarified that the Retailership is running from year to year basis and the Outlet is being managed/run by Opp. Party No. 4 and pursuant to Annexure 1 the dealership of the Retail Outlet has not yet given to the Opp. Party No. 4. According to them the selection was neither discriminating nor irregular.