Shatrughan v. Hindustan Petroleum Corporation Limited
2022-09-21
MANOJ MISRA, VIKAS BUDHWAR
body2022
DigiLaw.ai
JUDGMENT : By the Court.-Supplementary-affidavit filed today, is taken on record. 2. We have heard Sri Pratik Chandra for the petitioner and Sri Nishant Mehrotra for the respondents. 3. The petitioner had applied for a retail outlet dealership of the respondent-corporation in Group-I category by disclosing availability of land within the specified limits. As per the advertisement, location of the retail outlet had to be between kilometer 378-380 on Jalaun-Rath road, State Highway No. 21. As a follow-up to the application of the petitioner, the Land Evaluation Committee gave a report that the land offered by the petitioner was outside the advertised stretch as would be evident from the letter dated 20.12.2021 issued by Executive Engineer, Public Works Department, Orai therefore, petitioner's application would have to be considered as a Group-III applicant. 4. Learned counsel for the petitioner submitted that the letter dated 20.12.2021 issued by Executive Engineer, Public Works Department, Orai was in respect of new stone markings. In respect of the old stone marking vide certificate dated 10.1.2022 the location of plot No. 583 offered by the petitioner on State highway 21 is at kilometer 380.600, which is within the advertised stretch. 5. Sri Nishant Mehrotra, who appears for the respondent-corporation, submits that even if the subsequent certificate dated 10.1.2022 provided by the petitioner is accepted, the location of plot No. 583 falls outside the specified stretch as it is not between kilometer 378 and kilometer 380 but is at kilometer 380.600 therefore, in any view of the matter, the land offered was outside the advertised stretch. 6. At this stage, learned counsel for the petitioner filed a supplementary-affidavit annexing therewith an application of the petitioner addressed to the Executive Engineer, Nirman Khand-I, Public Works Department, Jalaun in respect of a fresh plot No. 329 which, according to the petitioner, can be offered for setting up retail outlet. According to the petitioner, fresh plot No. 329, as per report, falls at kilometer 379.900 i.e. within the advertised stretch. 7. Sri Nishant Mehrotra submits that the last date for submission of an application pursuant to the advertisement was 25.12.2018 whereas the plot that has been offered now by the petitioner was acquired on 22.3.2022 therefore, the same cannot be accepted. He, thus submits that the claim of the petitioner would have to be considered alongwith other Group-3 applicants. 8.
7. Sri Nishant Mehrotra submits that the last date for submission of an application pursuant to the advertisement was 25.12.2018 whereas the plot that has been offered now by the petitioner was acquired on 22.3.2022 therefore, the same cannot be accepted. He, thus submits that the claim of the petitioner would have to be considered alongwith other Group-3 applicants. 8. Having considered the rival submissions and having perused the record, we notice that the advertised stretch was between kilometer 378 and kilometer 380 on Jalaun to Rath road (State Highway 21). The plot offered by the petitioner was plot No. 583 which, as per new chainage, was located at kilometer 395.600 and as per old chainage at kilometer 380.600. There is no dispute to the fact that even as per the old chainage it was beyond kilometer 380. Under these circumstances, we do not find any error in the impugned order dated 19.1.2022 placing the candidature of the petitioner in Group-3 category. In so far as the new offer with regard to another plot is concerned, it has not been shown to us whether the petitioner is entitled, at this stage, to offer another plot, particularly, when the last date for submission of application has passed several years back. 9. Consequently, the writ petition is dismissed.