Court No. - 29
Case :- WRIT - C No. - 11465 of 2020 Petitioner :- Boby Singh Respondent :- Hindustan Petroleum Corporation Limited And 4 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- A.S.G.I.,Puneet Srivastava,Vikas Budhwar Hon'ble Pankaj Naqvi,J. Hon'ble Piyush Agrawal,J.
Heard Shri Ranjit Saxena, learned counsel for the petitioner, Shri Puneet Srivastava, learned counsel for the Union of India and Shri Vikas Budhwar, learned counsel for respondent nos. 1 & 2.
By means of the present writ petition, the petitioner has assailed the orders dated 27.01.2020 and 28.01.2020 passed by the respondent - Hindustan Petroleum Corporation Limited, by which the advertisement dated 25.11.2018 for retail outlet dealership for location Village - Thap Mahadwari, Block - Shamshabad on Shamshabad - Iradatnagar Road (MDR 130-W), District - Agra under Category OBC has been withdrawn/cancelled.
The facts of the case, in brief, are that the respondent - Corporation issued an advertisement on 25.11.2018 for dealership of retail outlet for various locations, including the location Village - Thap Mahadwari, Block - Shamshabad on Shamshabad - Iradatnagar Road (MDR 130-W), District - Agra. Pursuant to the aforesaid advertisement, the petitioner applied for the said location offering land being plot no. 325A/325B (measuring 36 meters X 36 meters = 1296 Square Meters) situated in Village - Thap Kharga, Tehsil - Fatehabad, District - Agra; ownership whereof was shown to be in the name of one Sovran Singh (the son-in-law of the petitioner) by virtue of the instrument.
On 18.06.2019, draw of lots were held and the petitioner was declared to be selected. Thereafter, the petitioner was directed to submit requisite documents by 09.08.2019. Since petitioner failed to submit the requisite document within time, hence, the candidature of the petitioner was placed in Group - 3 category from Group - I category. The advertisement was made for the location Village - Thap Mahadwari, Block - Shamshabad on Shamshabad - Iradatnagar Road (MDR 130-W), District - Agra; however, the document submitted by the petitioner shows existence of the offered land in Village - Thap Kharga, instead of Village - Thap Mahadwari.
In view of such error in the advertisement, respondent - Corporation proceeded to cancel the advertised location and communicated the same to the petitioner by the impugned order.
Learned counsel for the petitioner submits that once the petitioner has been selected pursuant to the draw of lots held on 18.06.2019 and thereafter, complied with all the terms & conditions stipulated in the advertisement, cancellation of the advertised location is only with a view to oust the petitioner.
Per contra, learned counsel for the respondent - Corporation submits that once it came to the knowledge of the respondent - Corporation that there was an error in the advertisement with regard to the location, therefore, the impugned order was passed withdrawing the advertised location. Learned counsel for the respondents has drawn our attention towards clause 14 of the general conditions pertaining to the advertisement; wherein, there is a stipulation for cancellation of the advertisement. He further submits that the impugned order has been passed in accordance with the terms & conditions stipulated in the advertisement itself.
It is admitted to the parties that clause 14 of the advertisement contains cancellation of advertisement by the respondent - Corporation, which is quoted below:-
"14. The company reserves the right to cancel/withdraw/amend this advertisement or extent that due date have its sole desecration without assigning any reasons."
From the perusal of the aforesaid clause, it is evident that the respondent - Corporation can cancel/withdraw/amend the advertisement on its own discretion without assigning any reason. It is admitted that there was an error in the advertisement with regard to the location, which is also evident from the impugned order itself; wherein, it is observed that the advertisement was for the location Village - Thap Mahadwari, Block Shamshabad on Shamshabad-Iradat Nagar Road (MDR 130W), District - Agra; however, the document pertaining to the land submitted by the petitioner suggested existence of offered land in Village - Thap Kharga, instead of Village - Thap Mahadwari. It is admitted that there was an error/defect in the advertisement itself. Hence, the respondents cannot perpetuate illegality while proceeding with the advertisement.
The learned counsel for the petitioner could not point out any illegality in cancellation/withdrawal of the advertisement in question.
In view of the aforesaid factual position, the writ petition cannot succeed and it is hereby dismissed.
No order as to costs.
Order Date :- 7.1.2021/Amit Mishra