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2012 DIGILAW 2871 (ALL)

Vishvajit Singh v. Hindustan Petroleum Corporation Ltd.

2012-12-11

HET SINGH YADAV, SATYA POOT MEHROTRA

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1.The present Writ Petition has been filed by the petitioner, inter alia, praying for quashing the Advertisement dated 23rd June, 2009, whereby applications were invited for appointment of Retail Outlet Dealers in respect of various locations. Advertisement has been filed as Annexure-1 to the Writ Petition. 2. We have heard Sri Devendra Kumar Yadav, learned counsel for the petitioner and Sri Vikas Budhwar, learned counsel for the respondent. 3.Sri Vikas Budhwar, learned counsel for the respondent submits that the Writ Petition is highly belated, as the same is seeking to challenge the Advertisement issued in the Year 2009 by filing the Writ Petition in the Year 2012. 4. It is further submitted by Sri Vikas Budhwar that the petitioner did not submit any application pursuant to the said Advertisement. It is also brought to the notice of the Court by Sri Vikas Budhwar that pursuant to the said Advertisement, the Retail Outlet Dealership at the location in question has already been allotted in favour of Shiv Kumar Sharma, who has not been impleaded as party in the Writ Petition. 5 Sri Devendra Kumar Yadav, learned counsel for the petitioner does not dispute that the petitioner did not submit any application pursuant to the said Advertisement dated 23rd June, 2009. He further does not dispute that the allotment of the Retail Outlet Dealership at the location in question has already been made in favour of Shiv Kumar Sharma. 6. It will be thus noticed that the petitioner, who never applied pursuant to the Advertisement dated 23rd June, 2009, is seeking for quashing of the said Advertisement after more than three years of the issuance of the said Advertisement. Retail Outlet Dealership at the location in question has already been allotted in favour of Shiv Kumar Sharma, who has not been impleaded as party in the Writ Petition. 7. In view of the above, the present Writ Petition is liable to be dismissed, and the same is accordingly dismissed.