IMPORTANT POINT
High Court cannot adjudicate disputed questions of fact.

JUDGMENT

Indira Banerjee, J.

Leave granted.

2. These appeals are against the judgment and final orders dated 24.04.2017 passed by a Division Bench of the High Court of Judicature at Patna dismissing the appeal being LPA No. 855 of 2016 against the judgment and order dated 8.3.2016 of a learned Single Judge inter alia allowing the writ petition filed by the respondent, Prakash Chandra Chaudhary being CWJ Case No. 2019 of 2015 and directing the Indian Oil Corporation, being the Appellant in SLP (C) No. 16902-16904 of 2018 to issue the Letter of Intent allotting the retail outlet in issue in writ petition to the said respondent and also an order dated 14.3.2018 dismissing the applications for review of the said judgment and order dated 24.3.2017 of the Division Bench being Civil Review No. 215 of 2017 and Civil Review No. 231 of 2017 in LPA No. 855 of 2016.

3. On 19.8.2011, Indian Oil Corporation issued an advertisement in, inter alia, the Dainik Jagran, Patna inviting applications for different Kisan Seva Kendra (Retail Outlet) dealerships in respect of diesel, petrol, lubricant oils etc., at different locations. One of the retail outlets being the retail outlet in respect of which the writ petition being CWJ Case No. 2019 of 2015 was filed, was to be located on Falka Gerabari Road, within one kilometer from Giriyama Chowk, Giriyama in Katihar District in Bihar, and is hereinafter referred to, for convenience, as the Giriyama retail outlet.

4. Pursuant to the said advertisement, Sanjay Kumar Jha being the appellant in appeal arising out of SLP(C) No. 16899-16901 of 2018, (hereinafter referred to as the appellant Sanjay Kumar Jha) and the respondent No.1 in appeal arising out of SLP(C) No. 16902-16904 of 2018 (hereinafter referred to as the ‘Respondent Prakash Chandra Chaudhary’) amongst others, applied for the dealership of the Giriyama retail outlet.

5. The brochure published by Indian Oil Corporation indicates that the eligible applicants who were individuals were to be evaluated on the basis of the following broad parameters:-

a. Capability to provide land and infrastructure/facilities (35marks)

b. Capability to provide finance (25 marks)

c. Educational Qualifications (15 marks)

d. Ability to generate business (10 marks)

e. Age (4 marks)

f. Experience (4 marks)

g. Business ability/ Acumen (5 marks)

h. Personality (2 marks)

6. It appears that a panel of three candidates was prepared in which the appellant Sanjay Kumar Jha was placed on the first position and the respondent Prakash Chandra Chaudhary in the second position. The appellant Sanjay Kumar Jha was awarded 90.73 marks and the respondent Prakash Chandra Choudhary was awarded 89.93 marks.

7. The Giriyama retail outlet was allotted to the first empanelled candidate being the appellant Sunil Kumar Jha. Challenging the allotment, the respondent Prakash Chandra Chaudhary filed a writ petition in the High Court Judicature at Patna being CWJ Case No. 2019 of 2015.

8. By an order dated 8.3.2016, the learned Single Bench of the High court allowed the writ petition and directed the Indian Oil Corporation to grant dealership of the Giriyama retail outlet to the respondent Prakash Chandra Chaudhary.

9. The learned Single Bench proceeded on the erroneous notion that, as per the advertisement, the only requirement for the Giriyama retail outlet was that the retail outlet should be in Giriyama within one kilometer on a particular well-defined road.

10. The learned Single Bench proceeded on the premises that, the land of the respondent, Prakash Chandra Chaudhary, being the writ-petitioner, was undisputedly within Giriyama Mauza in Falka Block, as was the case of the appellant Sunil Kumar Jha, being the respondent no.6 in the writ petition. The Court observed that the report of the Circle Officer and the District Magistrate to the effect that the land of the respondent Prakash Chandra Chaudhary was not in Giriyama was not only erroneous but clearly collusive in that they were trying to favou