LAWS(PAT)-2022-6-75

MANJEET KUMAR THAKUR Vs. UNION OF INDIA

Decided On June 29, 2022
Manjeet Kumar Thakur Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar Mishra, learned counsel for the petitioner and Mr. Neeraj Kumar Gupta, learned counsel for the respondents.

(2.) In the present application, the petitioner has prayed for quashing the letter dtd. 19/10/2019 issued by the Regional Office of the Hindustan Petroleum Corporation Limited (for short 'HPCL') whereby the candidature of the petitioner for award of Retail Outlet (RO) Dealership at between Parsa Chowk and Sanichari Chowk of NH-28B in the district of West Champaran has been rejected on the ground that the Land Evaluation Committee found the site offered by the petitioner to be not meeting the required norms. Subsequently, the petitioner filed an Interlocutory Application vide I.A. No.02 of 2021 for adding the prayer to quash the part of the selection list by which the respondent-HPCL selected one Rajnish Rao in place of the petitioner.

(3.) The petitioner's case succinctly is that respondentHPCL published notification in the newspaper on 25/11/2018 for appointment of Retail Outlet Dealership for all the States of India including the State of Bihar. Accordingly, an advertisement was published by the HPCL for award of Retail Outlet Dealership at location between Parsa Chowk and Sanichari Chowk on NH-28B in the District of West Champaran under open category. Pursuant to the advertisement, the petitioner filed his application on 24/12/2018. He was informed on 13/6/2019 that he has qualified for the draw of lots and he was asked to be present personally with photo identity card on 24/6/2019. On 25/6/2019, he was informed that he has been declared as successful candidate for the selection of the Retail Outlet Dealership. He was further asked to deposit Rs.50,000.00 for processing the application for award of Retail Outlet Dealership. On 4/10/2019, he was informed that the Land Evaluation Committee would visit the site offered on 10/10/2019. Thus, he was directed to be personally present along with photo identity card with all relevant documents on the said dates at the site. On 10/10/2019, though the petitioner was ready with all the documents, the site was not visited by the Land Evaluation Committee of the respondent-HPCL. On 11/10/2019, once again he got information that the Land Evaluation Committee would visit the site on 11/10/2019.