RAJEEV KUMAR Vs. ABHAY KUMAR

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna arises from a judgment and order dated 12.10.2010 passed in C.W.J.C. No. 8625 of 2001* by a learned Single Judge of this Court allowing the writ petition filed on behalf of the respondent no.1 after quashing the orders impugned in the writ petition, reviving the Letter of Intent issued in favour of the writ petitioner and requiring the authorities of the Bharat Petroleum Corporation to act accordingly, as a consequence thereof.

(2.) With the consent of the learned counsels appearing on behalf of the contesting parties, the matter has been taken up at the stage of admission Itself with a view to its final disposal. For the sake of convenience, we shall be referring to the party position and annexure set up in the memo of appeal unless qualified by specific reference to the writ petition.

(3.) The facts giving rise to the present proceedings, briefly stated, are that an advertisement was issued by the Bharat Petroleum Corporation Limited, (hereinafter referred to as "BPCL) on 6.9.2000 published in the local daily inviting applications for appointment of distributor for Liquid Petroleum Gas, (LPG for short) at different places in the State of Bihar including at Jhanjharpur in the district of Madhubani. The writ petitioner-respondent no.1 herein as well as the appellant who was respondent no. 7 in the writ petition applied for the distributorship of LPG for Jhanjharpur in the district of Madhubani pursuant to ihe said advertisement under the open category. One of the eligibility conditions stipulated in the advertisement required the applicant to be a resident of the district in which the Agency is located. A merit list was issued on 28.2.2001 by the Dealers Selection Board, (hereinafter referred to as the 'DSB') placing the writ petitioner-respondent no.1 at serial no.1 and ihe appellant at serial no. 2. A Letter of Intent was issued in favour of the writ petitioner-respondent no.1 on 25.4.2001 (Annexure-7 to the writ petition). The appellant filed an objection before the DSB contesting the placement of the respondent no.1 at serial no.1. On getting no response from the DSB, the appellant filed a writ petition before this Court giving rise to C.W.J.C. No. 5778 of 2001, which was disposed of on 3.5.2001 requiring the DSB to pass reasoned order on the objection filed by the appellant in accordance with law.