LAWS(PAT)-2015-10-2

KUMAR VAGISH Vs. BHARAT PETROLEUM CORPORATION

Decided On October 01, 2015
Kumar Vagish Appellant
V/S
BHARAT PETROLEUM CORPORATION Respondents

JUDGEMENT

(1.) Heard Mr. Pushkar Narain Shahi, learned Senior Counsel for the petitioner, Mr. Sanjay Singh, learned counsel for the Respondent Corporation and Mr. Durgesh Kumar Singh, learned counsel for the Respondent No. 4.

(2.) The present writ petition has been filed for a direction to the Respondent Corporation to issue a letter of intent in favour of the petitioner, for quashing the letter No. PT - 230 Muzaffarpur dated 28.03.2011 (Annexure -9) rejecting his candidature, and for quashing the letter of intent issued in favour of Respondent No. 4.

(3.) Pursuant to an advertisement dated 17.10.2007, the petitioner applied for LPG distributorship for the advertised location at Muzaffarpur and after due consideration, he was empanelled at first position having secured 93.5 marks. The petitioner had offered a piece of land located at Bochahan, Muzaffarpur standing in his name, but in view of some problem with regard to the approach to the plot, an alternative plot of land was offered which however was subsequently withdrawn. The petitioner's candidature finally came to be rejected in terms of the impugned letter dated 28.03.2011 for two reasons namely, (a) that the land offered for LPG godown was not accessible as it was not directly connected through motorable road, and (b) that the aggregate annual income as declared in the petitioner's affidavit was Rs.10,41,552/ - whereas the Income Tax return disclosed an annual income of only Rs. 6,99,645/ -.