RITA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the letter of intent ('LOI' for the sake of brevity) issued by the respondent Bharat Petroleum Corporation Limited (hereinafter referred to as the 'Corporation') and its authorities in favour of respondent no. 11. Though the copy of the 'LOI' has not been impugned with the writ petition but the 'LOI' dated 6.9.2013 issued by the 'Corporation' has been placed on record vide Annexure-D to the counter affidavit filed on behalf of the 'Corporation'.

(2.) The petitioner has further prayed for issuance of a 'LOI' in her favour as according to the petitioner, the location offered by the private respondent no.11 is not suitable as per the guidelines issued by the respondent-Union of India in its Ministry of Road Transport and Highways as well as the guidelines of the respondent-Corporation.

(3.) The facts of the case briefly stated is that responding to an advertisement dated 11.12.2011 for award of petrol pump retail outlet at village-Shamsher Nagar on National Highway-98 applications were filed by the petitioner, the respondent no.11 as well as some others for award of dealership. Selection procedure followed and a merit-list prepared in which the respondent no.11 secured first position in the panel with 81.78 marks as against 76.16 marks obtained by the writ petitioner. An objection was raised by the petitioner to the land offered by the private respondent no.11 while questioning its location as according to the writ petitioner, the location of the land offered by the respondent no.11 was not satisfying the guidelines issued by the Ministry of Road Transport and Highways dated 25.9.2003, a copy of which is placed at Annexure-4 since the land offered by the private respondent was within 300 meters of intersection of the National Highway with a rural road. The writ petitioner at the same time claimed that the land offered by her though also situated on the National Highway but was beyond 300 meters and thus more suitable. Surprisingly the complaint filed by the petitioner, a copy of which is present at Annexure-B to the counter affidavit of the respondent-Corporation was subsequently withdrawn by the writ petitioner on 17.8.2012 which also forms part of Annexure-B at page 89 and whereupon the complaint was treated as closed and disposed of accordingly by the respondent-Corporation vide order passed on 14.9.2012 which again is a part of Annexure-B Series. It is thereafter that a 'LOI' was issued in favour of the respondent no.11 on 6.9.2013 present at Annexure-D which was followed by issuance of appointment letter dated 28.11.2015 present at Annexure-I to the counter affidavit of the 'Corporation'.