Shree Pradeep Kumar v. Sr. Divisional Retail Sales Manager Indian Oil Corpon. Ltd
2009-03-27
AJAY RASTOGI
body2009
DigiLaw.ai
JUDGMENT 1. - Instant petition has been basically filed with the grievance that despite petitioner being empaneled at S.NO.1 for allotment of petrol pump (retail outlet dealership) at village Saraina Kheda (Dholpur), respondent Indian Oil Corporation ("IOC") has not issued letter of intent. 2. After issuance of notices, reply has been submitted by Mukesh Babu Tyagi, respondent NO.3 who has been empaneled at S.NO.2 pursuant to advertisement dated 13/07/05 for retail outlet dealership of IOC at village Saraina Kheda (Dholpur); and so also by respondent (IOC) wherein it has been inter-alia averred that earlier, respondent NO.3 preferred CWP-10076/2005 before this Court questioning eligibility of petitioner and particularly pointing out that he is not resident of place from where he obtained residence certificate. Under order of this Court passed on 08/05/06 in CWP-10076/05, investigation was made by respondents and after examining certificate furnished by petitioner, it was opined that residence certificate submitted by him was not issued by competent authority. However it has come on record that a separate inquiry was undertaken by SDO, Dholpur and upon investigation, certificate of his residence has been cancelled vide order dated 19/05/08. 3. Counsel for petitioner submits that as regards order dated 19/05/08, civil suit has been filed before competent court of jurisdiction and which is pending consideration. 4. Since certificate of residence was one of the conditions of eligibility for allotment of outlet dealership of IOC, pursuant to which he was empaneled at S.No.1 but once his residence certificate has been cancelled, which might have been pending adjudication before Civil court, but, petitioner will not be entitled for letter of intent despite empaneled at S.No.1 for allotment of retail outlet dealership of IOC for village Saraina Kheda pursuant to advertisement dated 13/07/05 on account of change in circumstances. 5. Consequently, writ petition fails and is hereby dismissed. No costs.Writ Petition Dismissed *******