KAMLA Vs. HINDUSTAN PETROLEUM CORP. LIMITED

JUDGEMENT

(1.) The instant intra court appeal has been filed on behalf of the appellant writ petitioner Smt. Kamla for assailing the order dtd. 3/3/2022 passed by the learned Single Bench of this Court rejecting S.B. Civil Writ Petition No.1418/2013 preferred by the petitioner for assailing the orders dtd. 18/1/2011, 22/1/2011 and 21/9/2012 whereby, the respondent No.4 was awarded the LPG distributorship for the location Baytu, in District Barmer.

(2.) Mr. Muktesh Maheshwari, learned counsel representing the appellant writ petitioner submits that the respondent No.4 was not qualified to be appointed as distributor under the Notice (Annexure-P1) and the guidelines applicable in the Hindustan Petroleum Corporation Ltd. for award of LPG distributorship. He urged that it is an admitted position that the respondent was not residing in India within a period of previous 180 days as on the date of award of dealership and thus, he was not a resident of India in terms of the definition of resident of India provided under the Income Tax Act and consequently, he could not have been awarded the dealership. On these grounds, Mr. Maheshwari implored the Court to admit the appeal and stay the impugned order.

(3.) We have heard and considered the submissions advanced at bar and have gone through the impugned order and the documents annexed with the writ petition.