VIJAY SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Giri, learned Senior Counsel for the appellant and Shri Siddhartha Prasad for the respondent-Bharat Petroleum Corporation.

(2.) The dispute, in short, raised before this Court is that the Bharat Petroleum Corporation on an erroneous interpretation of the Brochure, particularly with regard to the description of the word "Location", has passed an order adverse to the appellant dtd. 25/6/2018, for which a prayer had been made in the writ petition to quash the same on the ground that the location as advertised was Village and Panchayat-Uganwan and that the land offered by the appellant fulfilled the said condition, yet the Bharat Petroleum Corporation on its own interpretation proceeded to decline the dealership to the appellant by passing the impugned order dtd. 25/6/2018. The affirmance of the same by the learned single Judge also suffers from legal infirmities as well as factual infirmities. Hence, the judgment of the learned single Judge dtd. 27/7/2018 as well as the order impugned in the writ petition dtd. 25/6/2018, both, deserve to be quashed.

(3.) The learned single Judge after having traversed the facts and having considered the submissions raised arrived at the conclusion that the land offered by the appellant was not in accordance with the location as mentioned in the advertisement and in spite of an opportunity having been given to the appellant to offer an alternative land, no alternative land had been provided for. As such, no case was made out for interference.