Court No. - 21
Case :- WRIT - C No. - 35701 of 2018 Petitioner :- Smt.Reema Devi Respondent :- Hindustan Petroleum Corporation Ltd. And 2 Others Counsel for Petitioner :- Rakesh Kumar Counsel for Respondent :- Vikas Budhwar
Hon'ble Govind Mathur,Acting Chief Justice Hon'ble Chandra Dhari Singh,J.
Under the advertisement published in 'Dainik Jagran' in its Gorakhpur Edition dated 14th of October, 2014 Hindustan Petroleum Corporation Ltd. invited applications for retail outlet dealership at different locations including the location in question.
The petitioner submitted an application and also furnished all necessary details about the land measuring 900 sq. mtrs. to be used for the purpose of retail outlet dealership. The competent committee of the Hindustan Petroleum Corporation Ltd. after considering the details provided by the petitioner declared her a person successful to have retail outlet dealership. However, subsequent thereto it came to the notice of the authorities of the Hindustan Petroleum Corporation that the land proposed was earlier leased out to Sri Sanjay Verma and other applicant, hence rejected the application submitted by the petitioner. Being aggrieved, the petitioner preferred the instant petition for writ.
It is submitted that Sri Sanjay Verma ultimately surrendered the lease to the land owner and as such it is only the petitioner who is having a perpetual lease to utilize the land for the purpose of retail outlet dealership of Hindustan Petroleum Corporation Ltd. It is further submitted that as per the respondents the land shall be required for installation of the equipments relating to the retail outlet dealership and at that stage the petitioner is having a valid proposal of the land to execute the work assigned. We do not find any merit in the argument advanced.
A bare reading of the advertisement dated 14th of October, 2014, it is apparent that all requisite formalities should have been completed at the time of submitting the application and not subsequent thereto. The petitioner was not eligible even on the day site inspection was made being not having any land for the establishment of retail outlet dealership of Hindustan Petroleum Corporation Ltd. The subsequent withdrawal/surrender of the lease by 3rd party in no case validate the deficiency that occurred on the date of submitting the application.
In view of it,the petition for writ having no merit, hence dismissed.
Order Date :- 27.10.2018 Prajapati [Chandra Dhari Singh, J] [Govind Mathur, ACJ]