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2016 DIGILAW 554 (RAJ)

Santosh Kumari v. Hindustan Petroleum Corporation Ltd.

2016-04-21

KANWALJIT SINGH AHLUWALIA

body2016
ORDER : Kanwaljit Singh Ahluwalia, J. 1. The present petition has been filed under Article 226 and 227 of the Constitution of India, praying that the impugned letter (Annexure-12) dated 19.7.2006, whereby the letter of intent issued in favour of the petitioner was cancelled, be set aside. 2. The learned counsel for the petitioner has submitted that she had applied for allotment of Petrol Pump and allotment of Retail Petrol/Diesel Outlet Dealership at village Astawan and the land of the petitioner as per requirement was upto 1.5 kms. on either side on Kumher Nadbai Road, District Bharatpur. It is pleaded in the writ petition that the petitioner had applied in pursuance of the advertisement published in Rajasthan Patrika, Dainik Bhaskar and Hindustan Times on 2.1.2004. The said allotment of the dealership qua Retail Petrol/Diesel Outlet Dealership was reserved for a candidate from open woman category. The petitioner received an information on 4.11.2005 that inspection of land will be carried on 10.11.2005 at 12:00 PM. It is stated that after inspection of land was carried, on 6.12.2005 the petitioner was invited vide Annexure-4 to appear before Interview Board on 19.12.2005 at 10:00 AM. The case of the petitioner is that after Selection Committee conducted interview, the petitioner was declared successful and letter of intent for proposed Retail Petrol/Diesel Outlet Dealership at village Astawan upto 1.5 kms. on either side of Kumher Nadbai Road was issued. 3. The learned counsel for the petitioner submitted that after the letter of intent was issued, Technical Specification was carried and it was found that after a requisite distance from the State Highway is provided, the plot of the petitioner is not having the requisite area and hence, report of Technical Specification was given against the petitioner. 4. The learned counsel for the respondent has submitted that the Technical Specification was carried in presence of the representative of the petitioner. 5. The learned counsel for the petitioner has submitted that now the respondents have cancelled the letter of intent and have issued fresh advertisement for award of Retail Petrol/Diesel Outlet Dealership in the same locality and at the same place, where the plot of the petitioner is existing. 5. The learned counsel for the petitioner has submitted that now the respondents have cancelled the letter of intent and have issued fresh advertisement for award of Retail Petrol/Diesel Outlet Dealership in the same locality and at the same place, where the plot of the petitioner is existing. The learned counsel for the petitioner has submitted that the representative of the petitioner could not explain to the Technical Specification Committee regarding area of the plot and if again Technical Specification Team visits at the cost of the petitioner, and carry the measurement of the plot of the petitioner land to be provided, by the petitioner will fulfill all the norms and parameters laid by the respondent Corporation. 6. After hearing the learned counsel for the parties, this Court is of the view that in case the petitioner is able to provide plot as per specifications and parameters of the Hindustan Petroleum Corporation Ltd., it will save the Corporation from the onerous job of again scrutinizing applications, conducting interviews and will also be equitable in the facts of the case. 7. At this stage, the learned counsel for the respondents has stated that land should be in consonance with requirements of the Corporation as per advertisement published and details furnished in the application form. 8. The learned counsel for the petitioner submitted that the petitioner will provide land i.e. requisite area as per norms and parameters of the Corporation and in consonance with the advertisement and details given in the application form. 9. That being so, the present petition is disposed of with a direction that the petitioner within one month from today shall deposit expenses and cost to be incurred by the Technical Specification Committee for carrying technical specification of the plot of the petitioner. Upon disclosure of the amount, the petitioner at once shall deposit the amount and upon deposit of amount within 15 days, the officials of the Corporation will carry the inspection and evaluate the plot of the petitioner. In case, the plot of the petitioner meet the technical specifications, his case shall be considered in pursuance of letter of intent issued. 10. With the observations made and direction issued above, the present petition stands disposed of.