1. The petitioner has prayed for below mentioned relief:
"22(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the action of respondent No.1-Corporation of cancelling the proceedings pursuant to the first interview dated 12.10.2010 for selection of retail outlet dealership at Village Pipaliya Raj, including the cancellation of the empanelment and further be pleased to quash and set aside the entire procedure for holding the fresh interview by the respondent - Corporation and the further action taken on the basis of fresh interview held on 25.08.2011 and further be pleased to direct that the petitioner shall be given the aforesaid dealership and also further be pleased to quash and set aside the award of said dealership in favour of respondent Nos. 2 and 3, if any;"
2. In view of the reply affidavit filed by respondent no.1 company, it has emerged that the guidelines for selection of retail outlet dealers framed by the respondent company provide for forum for considering complaints/representations of the applicants. The learned counsel for the respondent company has submitted that actually, upon receipt of the complaint/representation by the petitioner, the company had initiated the process for examination of the said complaint/representation in accordance with clause 19 and senior officer was also appointed. However, since the petitioner preferred present petition, the said process has been stayed and company has not proceeded further in the matter. She also submitted that respondent company is still ready to proceed in the matter in accordance with clause 19 of the said guidelines.
3. In view of the said submission by learned counsel for the respondent company, Mr. Majmudar, learned counsel for the petitioner submitted that at this stage the petitioner is ready and willing to prosecute the said representation dated 5th September 2011 (page 50 of present petition) which is submitted before the competent authority and the petitioner is ready to await the decision by the competent authority in respect of the said representation in accordance with the guidelines of the respondent Corporation.
4. In view of the said submission by learned counsel for petitioner and respondent, present petition is disposed of at this stage with a view to enabling the petitioner to prosecute the representation which is already submitted by him before the competent authority. The authority competent may take up the representation into consideration and pass appropriate decision in respect of the said complaint/representation as expeditiously as possible and preferably within three months. The authority while considering the representation will follow the procedure contemplated under clause
19. It is needless to state that the competent authority will take appropriate decision independently on the basis of the material available on record and without being influenced by the objections/contentions raised in the reply affidavit and/or details mentioned in the reply affidavit filed by the Corporation in present petition.
5. With the aforesaid clarification, the petition is disposed of at this stage. Direct service is permitted.
(K.M.THAKER, J.) jani Top