ALOK PRASAD VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred with the prayer to quash the order dated 2-12-1997 (Annexure-16), issued by Indian Oil Corporation Limited (respondent Nos. 2 to 6), along with the covering letter dated 15-12-1997, whereby the Letter of Intent issued in favour of the petitioner for setting up a retail outlet for sale of petroleum products at village Gaunaha, District West Champaran, has been withdrawn. The respondents have not filed counter-affidavit.

(2.) The respondents had issued an advertisement which appeared in the local dailies of 19-8-1981 (Annexure-1), inviting applications for grant of retail outlet dealership, inter alia, for village Gaunaha, District West Champaran. This was reserved for unemployed graduates, and there was also an income limit. The petitioner submitted his application along with others which were considered by the respondents and the Letter of Intent was issued to the petitioner. Pursuant to the Letter of Intent, the petitioner had arranged a plot of land, and had also deposited the requisite sum of Rs. 46,000/- in the bank. Thereafter, the respondents issued letter dated 8-8-1983 to the petitioner, whereby the Letter of Intent was revoked and cancelled. The petitioner challenged the same by preferring C.W.J.C. No. 4523 of 1984 before this Court which was disposed of by a learned single Judge of this Court by his judgment dated 23-9-1996, whereby the said letter dated 8-8-1983 was set aside, and the respondent-authorities were directed to conduct a fresh enquiry into the matter and pass appropriate orders. I will advert to this judgment in some detail at a later stage. The respondents accordingly issued show-cause notice dated 30-10-1996 (Annexure-14), to the petitioner. Cause was shown by the petitioner by his letter dated 14-12-1996 (Annexure-15), placing all the documents in support of his case. The same has been rejected by the impugned order dated 2-12-1997 (Annexure-16), and the Letter of Intent has been withdrawn. Hence the writ petition.

(3.) After the impugned order was passed, the respondents issued a fresh advertisment dated 6-1-1999 (Annexure-18), inviting tenders for settlement of retail outlet at village Gaunaha. By interim order dt. 10-2-1999, passed by a learned single Judge, the respondents have been injuncted from granting the dealership without the permission of the Court. The net result is that the retail outlet dealership for village Gaunaha has not been settled in favour of anybody so far.