PREM CHAND DHANORIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present Special Appeal has been filed filed by the appellant Prem Chand Dhanoria under Rule 134 of the Rajasthan High Court Rules, 1949 read with Article 225 of the Constitution of India challenging the judgment dated 13.10.2014 whereby the learned Single Judge dismissed the writ petition filed by the appellant.

(2.) THE brief facts are that pursuant to an advertisement dated 29.8.2010 , the appellant had applied for allotment of retail outlet dealership of Hindustan Petroleum Corporation Ltd. (for short 'HPCL') at Motipura Chowki Railway Crossing towards Chabbra, Udaipur. The appellant along with others eligible candidates were called for an interview and the result of the said interview was declared on 20.1.20111. The appellant having obtained 90.48 marks was placed third in the list of empanelled candidates. HPCL considering the credentials of Chetan Maheshwari who had obtained maximum marks , issued a letter of intent(LOI) on 2.11.2012. The appellant aggrieved against the allotment of LOI, filed a writ petition stating therein that the land offered by Chetan Maheshwari was not appropriate since he had encroached upon some portion of Khasra No. 753/1. It was pleaded that despite the fact that the land offered by the private respondent Chetan Maheshwari was not appropriate, HPCL had issued a LOI and the same deserves to be quashed. Notice was issued in the writ petition and in the reply filed , the allegations raised therein were denied . It was brought to the notice of the Court that Ram Chand Dhanoria , the person ranking second, had filed a writ petition challenging the selection of Chetan Maheshwari before the Jaipur Bench of this Court and the same was dismissed.

(3.) AFTER considering the matter in detail, the learned Single Judge came to the conclusion that the Co -ordinate Bench of Jaipur had already thoroughly examined the matter and found that there was nothing wrong in declaring the private respondent Chetan Maheshwari as a suitable candidate for allotment of retail outlet.