ANUJA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the petitioners, the private respondents, the Indian Oil Corporation and the State.

(2.) The petitioners have challenged the order dated 05.09.2011 (Annexure-3) by which the 'residence certificate' issued in favour of the petitioners had been cancelled. Subsequent to that, the Sub Divisional, Officer stayed the cancellation of the residential certificate and remanded the matter back to the Circle Officer to hear the parties afresh and pass an appropriate order, Accordingly, the Circle Officer, after taking the opinion of the Government Pleader, came to the conclusion that he has no power to order for restoration of the order of cancellation of residence certificate granted by him vide order dated 26.011.2011. The petitioners have challenged the order dated 26.11.2011 vide l. A. No. 8370 of 2011 by filing an amendment petition. The said residence certificate was required apart from other reasons, for the reason that the petitioners had applied to the Indian Oil Corporation for opening a petrol pump outlet in village Nawada, Police Station Dalsingsarai in the district of Samastipur.

(3.) The dispute in this case arises out of the fact that the Indian Oil Corporation had advertised for opening up a petrol pump outlet in village Nawada, Darsingsarai, The petitioners applied for residential certificates and they were issued a certificate.vide Certificate Nos. SMR/DAL/ 2010/RES/6858 and SMR/DAL/2010/RES/ 6859 respectively, on 12.08.2010 by the Block Development Officer, Dalsinghsarai, Samastipur. The private respondents 5 and 6 Jayant Kumar Choudhary and Udaywant Kumar, who are also partners also applied for opening up a petrol pump outlet at village Nawada. Both, the petitioners and the private respondents 5 and 6 are agnates and are thus closely related to each other. The Indian Oil Corporation while making the selection found that Anuja Choudhary and Rituraj Choudhary were better candidates and awarded them 92.79 marks whereas , respondents 5 and 6, namely, Jayant Kumar Choudhary and Udaywant Kumar were awarded 91.18 marks. The chart allotting marks is contained in Annexure-2 which indicates that marks are awarded by the Site Inspection Committee. The Site Inspection Committee had awarded marks on the basis of the candidates ability for future growth plan, personality business, income tax, immovable and moveable assets, educational qualifications etc.. One of the criteria for running and establishing a business on the basis of a license granted by the Indian Oil Corporation is that the persons should be a resident of the area where he intends to open and run the petrol pump outlet.