Court No. - 1
Case :- WRIT - C No. - 42390 of 2019 Petitioner :- Arvind Kumar Respondent :- Indian Oil Corporation Ltd. And Another Counsel for Petitioner :- Pankaj Agarwal,Pushkar Kushwaha Counsel for Respondent :- Archana Singh
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Pankaj Agarwal, learned counsel for the petitioner, Ms. Archana Singh, learned counsel for the respondent-Corporation and perused the record.
By means of the present writ petition under Article 226 of the Constitution, the petitioner has challenged the order dated 1st November, 2019 whereby the location advertised under the earlier advertisement pursuant to which the petitioner had applied and the same has come to be cancelled.
The contention advanced by the learned counsel for the petitioner is that in District Mirzapur there is no village in the name of "Deeh Ahraura" and it is only village "Ahraura Khas" a location for which the advertisement was issued which is at Sl. No.311 of the advertisement dated 25.11.2018 and in view of the same that the cancellation has taken place so as to enable the applicants of the area concerned of the actual location advertised where petrol pump unit is to be set up and allotment is sought to be awarded for the retail outlet dealership.Thus,except this technicality the site/location advertised is the same and the petitioner cannot be made to suffer.
Per contra, the argument advanced by the learned counsel for the respondent- Corporation is that since there was a defect in the advertisement itself as there was no block "Deeh Ahraura" as it was block- Ahraura Khas" in which location situates, therefore, the respondent- Corporation was justified in cancelling the entire selection process.
Having heard learned counsel for the parties and their arguments advanced across the Bar and having perused the record, we come to the view that once the entire selection process has come to be cancelled on the ground the block mentioned in the advertisement was no more in existence and the block "Ahraura Khas" was the block that ought to have been mentioned as it is for that block that location was meant to be advertised, there is no prejudice caused to the petitioner.
If the petitioner's land falls in the area for which the petrol pump is sought to be set up by the respondent-Corporation, it will always be open for the petitioner to apply for the same as and when new advertisement is issued for the said purpose. As of now, in our considered opinion, no cause of action has arisen nor, any legal right has accrued to the petitioner to maintain the writ petition.
The writ petition is, accordingly, dismissed.
(Ajit Kumar,J.) (Ramesh Sinha,J.) Order Date :- 19.12.2019 NS