DILIP KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed challenging the order, dated 27.9.2002 (Annexure 1) passed by the General Manager, Indian Oil Corporation Limited (Marketing Division). The matter had gone to the General Manager to consider the question as to whether the petitioner Dilip Kumar Sinha was ordinarily a resident of Nalanda at the material time. In the impugned order the General Manager held that at the material time the petitioner was not the resident of Giriyak in the district of Nalanda. He was, therefore not eligible for the retail outlet dealership at Giriyak; consequently, the dealership granted in his favour was cancelled.

(2.) THE respondent Oil Company issued an advertisement for grant of dealership for a petrol pump to be set -up at Giriyak in the district of Nalanda. The dealership was open only to persons who were ordinarily residing in Nalanda for the past five years. Both the petitioner and respondent no. 11 applied for the dealership in response to the advertisement. The petitioner sought to satisfy the condition with regard to being a resident for the district by submitting a residence certificate showing him as a resident of village Giriyak, P.O. and P.S. Giriyak in the district of Nalanda. The residence certificate was issued by one Bachha Nand Singh as Circle Officer, Giriyak, Nalanda. The certificate was issued in a printed form from a volume maintained in the circle office for the purpose; the certificate was, dated 24.3.1993 and against the column memo, the number 339 was filled - up in hand.

(3.) RESPONDENT no. 11 then filed before this court CWJC No. 502 of 1997 challenging the grant of dealership to the petitioner. The challenge was made on the ground that at the material time the petitioner was not a resident of Nalanda. According to respondent no. 11 (its petition in CWJC No. 502 of 1997), the present petitioner was actually a resident of Patna and he had managed to obtain the residence certificate from Giriyak by fraudulant means. The writ petition was dismissed with certain observations by order, dated 4.5.1998 by a learned Single Judge. Respondent no. 11 then took the matter in appeal in L.P.A. No. 760 of 1998 which was disposed of by a division bench by order, dated 2.1.2001. The division bench directed respondent no. 11 (appellant in the appeal) to represent his case before the concerned authority who in turn was directed to dispose of the matter after giving an opportunity of hearing to the present petitioner. The competent authority in the Oil Company was directed to "decide the question as to whether respondent no.9 (the present petitioner) was ordinarily a resident of Nalanda at the relevant time or not in terms of the advertisement and documents appended with the same. '' The respondent Oil Company assigned the matter to the General Manager, Marketing Division.